case to upset the decree on the lapses of procedural applicability,
5. But it is a case of eviction decree. The defendant is a nationalised ... Therefore, I recall the ex parte decree passed. But such recalling will be subject to the following conditions :
6. Admittedly Mr. Das's client
contract is the essence of specific performance and here these two basic conditions were not satisfied, neither there was pleading nor there was proof for readiness ... alternative decree for damages, instead of ordering specific performance which would be unrealistic and unfair. Under these circumstances, we hold that the decree for specific
documentary in the Appellate Court. But if-
(a) The Court from whose decree the appeal is preferred has refused to admit evidence which ought ... conditions of invoking the provisions of Order XLI Rule 27, let me see whether are existing herein this case.
38. The Court from whose decree
Kapoor, learned advocate while appearing for one of the decree holders submits that the company court is competent to pass any order apart from ... enforced in the same manner as if it were a decree by the court in a suit pending therein.
7. Having heard
Decree, dated July 22, 1988 passed by the Assistant District Judge, 8th Court, Alipore in Money Suit No. 54 of 1982 thereby passing a decree ... Calcutta and deliver those goods in accordance with the terms and conditions of the contract of shipment evidenced by the bill of lading dated 25th
Santanu Chaudhuri vs Subir Ghosh on 25 August, 2005
Equivalent citations: 2006(1)CHN315
Author
same cause, judgment of Civil Court would be relevant if the conditions of any of the Sections 40 to 43 are satisfied, but it cannot ... Under Section 41 of the Indian Evidence Act the judgment and decree passed in the said civil suit is a conclusive proof of the fact
learned Appellate Court below allowed the appeal with costs. The Judgment and decree appealed against was set aside. In the result, Title Suit ... that appeal.
10. Thereafter, being aggrieved by the said Judgment and decree passed by the Appellate Court below, the plaintiff No. 2 being the appellant
enquiry into the loss and damages suffered by the plaintiff and decree for such sum as may be found due to the plaintiff ... upon several conditions as incorporated in the plaint. The contract was concluded which will be evident by several letters referred in paragraph
consideration the facts and circumstances of the case decided to grant a decree for judicial separation in favour of husband.
9. Being dissatisfied, the wife ... reason to grant a decree of judicial separation and as such, the husband was entitled to get a decree for divorce for such cruel treatment
