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Decree in suit for account between principal and agent. 17 Special directions as to accounts. 18 Decree in suit for partition of property or separate possession of a share therein. 19 Decree when set-off or counter-claim is allowed. Appeal from decree relating to set-off or counter-claim. 20 Certified copies of judgment and decree to be furnished.
For filing such an Execution Petition Section 5 of the Indian Limitation Act, 1963 is strictly not applicable because the Execution Petition should be filed within the time-period as originally fixed under the Enactments failing which the litigants/Decree-Holder in the eyes of law had exhausted his lawful remedies as such he cannot thereafter ...
The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial ...
The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one".
In comparison, First CPC had nine members including military members, the second had six members including a military member, the 3 CPC and 4 CPC had five, but no military member. The fifth had three members, but no military member. [11]: para 1.11 The first had no member secretary, just a secretary. After the 1 CPC all pay commissions have had ...
Court cases proceed as per rules described in CrPC (Code of Criminal Procedure) and CPC (Code of Civil Procedure). CrPC and CPC have been criticised for being archaic. Though amendments were made to CPC in 1999 and 2002, which fixed 30-90 days time limit for different rules in the CPC, and allowed maximum three adjournments.
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.