makes it obligatory for the Court to pass a decree when its conditions are satisfied as was pointed out by one of us (Bhagwati ... right under Sec. 12(3)(a) to get a decree for eviction. But where the conditions of Sec. 12(3)(a) are not satisfied, there
period, all the other conditions stipulated in Section 12(3)(a) are also satisfied, the Court shall pass a decree of eviction on the ground ... rent. All the conditions stipulated in Section 12(3)(a) are provided as cumulative conditions.
If any of those conditions is not satisfied then
were shown to be satisfied, the Court had no alternative but to decree the suit. According to him, the standard rent in respect ... there being no compliance of the conditions prescribed therein, a decree for possession is to be passed. Accordingly, the judgments and decrees of the Courts
landlords of the said property. As the decree was passed by a competent Court, the terms and conditions mentioned in the Lease Deed ... lessee was governed by the terms and conditions of the settlement as per the decree of the Court. He has further submitted that Arbuda Mills
absence of a fresh order granting leave to the defendant conditionally or unconditionally, a decree could not be passed under the provisions of Order ... then the decree under Order 37 Rule 3 could not be granted or made in favour of the plaintiff. The judgement and decree passed
this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder ... specified condition of the policy being one of the following conditions, namely
(i) a condition excluding the use of the vehicle-
(a) for hire
right to get a decree or a relief by lapse or as the action has become barred by limitation, a decree could not be granted ... grounds to a landlord to evict a tenant, who though was observing conditions as required under Section 12 , but is liable to be evicted
times tariff or exceeding two times the tariff rate as per conditions of supply prevailing prior to new Act came into force. The determination ... determined the amount is made recoverable as if it were a decree of civil court. Section 154(5) of new Act would apply
Hence, when the secured creditor has already obtained a decree of a Civil Court/Debts Recovery Tribunal, issuance of notice under Section ... proceeding would be in the nature of execution of the decree.
9. At this stage it is also necessary to notice that Section
validity of the transaction, the Court may provide for the suitable conditions to make loss good in case the Court is satisfied that the purchaser ... Court may also put the company in liquidation to fulfill suitable conditions even if the transaction is to be treated as invalid
