AI Overview...
-
Service on Partnership - Section 74 of the Civil Procedure Code (CPC) allows for service on a firm through its partners or by serving the firm itself. The adequacy of service, such as affixing summons on the outer door, has been upheld in certain cases, with courts emphasizing that such methods can constitute sufficient service under Section 80 of CPC. Akhoy Kumar Saha VS Nagendra Lal Chowdhury - Calcutta
-
Section 74 in Civil Procedure - Section 74 of CPC is referenced in various contexts, including its role in proceedings related to suits, amendments, and enforcement of court orders. Notably, amendments under Section 74 (e.g., Order XXIII) are subject to specific exclusions as per Section 97(2)(S), and the section is invoked in matters of property and contractual disputes. Rachakondavenkat Rao VS R. Satya Bai - Supreme Court, ANAND AND ASSOCIATES VS DELHI DEVELOPMENT AUTHORITY - Delhi, BALAJI VS BALLABHDAS - Nagpur
-
Enforcement and Procedure - Section 74 is frequently cited in relation to executing court orders, property disputes, and remedies for breach of contracts. Courts have used it to facilitate the removal of resistance under civil procedures, to declare the enforceability of decrees, and to address issues of possession and sale of property. Baiju, S/o. Gopinathan VS Nazimudheen, S/o. Salahudheen - Kerala, Kadali Pullayya VS Kadali Narasanna - Andhra Pradesh
-
Civil Remedies and Court Orders - The section is also linked with judicial remedies such as mandamus and civil revision petitions, emphasizing that violations of civil court orders should be addressed through civil courts, and that proper service and adherence to procedural rules are vital. RAJENDRAN vs STATE OF KERALA - Kerala, N D JOY vs DILRAJ - Kerala
Analysis and Conclusion:
Section 74 of the Civil Procedure Code primarily pertains to the enforcement of civil court orders, service procedures, and procedural amendments affecting suits and property disputes. It provides a legal framework for ensuring proper service, facilitating enforcement actions, and addressing violations of court orders. Courts have consistently emphasized the importance of adherence to procedural rules under Section 74 to uphold the integrity of civil proceedings and effective enforcement of judgments.
Search Results for "Civil Procedure Code s 74"
1909 0 Supreme(Cal) 380 • India - Calcutta
service on the firm under Section 74 of the Code of Civil Procedure. ... Service - Partnership - Civil Procedure Code - Section 74 - Section 80 - Service on Partner - Service on Firm - Sufficient Service ... of the Code of Civil Procedure. ... The Subordinate Judge has rejected the applications u/s 108, Civil Procedure Code, on the ground that the affixing of the summonses and the copies of the plaint on the outer door of the house was sufficient service u/s 80 of the Code#HL....
2025 Supreme(Online)(Mad) 45459 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
(A) Presidency Small Causes Court Act - Section 41 - CPC - Order 1 Rule 10(1), Section 47, Rule 102 - Ejectment Suit - Lease agreement ... Thereafter, the revision petitioners filed application in E.A.No.3 of 2023 under Section 47 read with Section 74 of CPC to declare that the above decree and judgment as against the suit property will not be binding and enforceable as against the petitioners, wherein, it is the contention of the revision ... The registered lease deed executed on 22.11.1956 is also established before the Civil#....
1996 1 Supreme 367 • India - Supreme Court
B.P.JEEVAN REDDY, S.B.MAJMUDAR
by Section 74 of C.P.C. ... Civil Procedure Code, 1908-Order 23 Rule 3 [(as amended ... pending before the commencement of the said Section 74." ... Learned counsel for the appellants is right in his submission that by virtue of Section 97(2)(S) of the Civil Procedure Code (Amendment) Act, 1976, "the amendment as well as substitution made in Order XXIII of the First Schedule by Section 74 of this (Amendment) Act shall not apply to any suit or proceeding ... Madhava Reddy, learned couns....
1997 0 Supreme(Del) 510 • India - Delhi
J.B.GOEL
Civil Procedure Code, 1908 - Order 39 Rule 1 and 2 — Section 74-Contract Act-Breach of terms of contract — Scope of compensation ... And Section 74 of the Contract Act reads as under: ... "section 74. ... ... THE Court should be always willing to extend its hand to protect a citizen who is being wronged or is being deprived of a property without any authority in law or without following the procedure which are fundamental and vital in nature. ... Clause 2 and Clause 29 and Section 74 ....
1928 0 Supreme(Nagpur) 27 • India - Nagpur
FINDLAY
Procedure Code, and Section 74 of the Transfer of Property Act. ... Procedure Code, and Section 74 of the Transfer of Property Act, as it was the logical consequence of the provisions. ... mortgagee as a plaintiff for obtaining the final decree, based on the provisions of Order 1 Rule 10 and Order 22 Rule 10 of the Civil ... It cannot be denied that the present nonapplicant had a right to bring a separate suit, but it seems to me that he also had the alternative of adopting the procedure he did, so long as that was done ....
2001 0 Supreme(AP) 678 • India - Andhra Pradesh
P.S.NARAYANA
74 – Order 21 – Rules 97, 98, 99, 101 – Sale Deed – Possession of Property – While taking execution for delivery of possession of ... in view of the above legal position the rejection of objection memo by the Court below is in accordance with law and hence the civil ... Rama continued her elaborate submission and had drawn my attention to Order 21 rule 102 C. P. ... Section 74 C. P. ... c. ... It has to be remembered that proceeding Civil Procedure Code amendment A....
2020 0 Supreme(Ker) 164 • India - Kerala
A.HARIPRASAD, N.ANIL KUMAR
Kerala Building(Lease and Rent Control) Act, 1965- Section 11(3);; Civil Rules of Practice - Rule 349 - ... The Limitation Act - Section 5 -- The Constitution of India- Article 227 - The provisions in Rule 349 Civil Rules of Practice has ... have handed over key of the room to the decree holder without complying with the provisions under Sub Rule (2) of Rule 349 of the Civil ... According to him, the provisions under Section 74 and Order XXI Rule 35 of the Code enable the court to remove resistance in a....
2012 Supreme(Online)(KER) 47983 • India - High Court of Kerala
V.CHITAMBARESH, J
Malicious Prosecution - Civil Procedure - Section 74, Code of Civil Procedure - Section 115, Limitation Act - The court addressed ... Final Decision: The Civil Revision Petition is dismissed. ... Fact of the Case: The court examined a Civil Revision Petition challenging an order that refused to reject a plaint ... Revision Petition under Section 115 of the Code of Civil Procedure. ... The petitioner invites my attention to Section 74 of the Limit....
2014 Supreme(Online)(KER) 15769 • India - High Court of Kerala
ASHOK BHUSHAN, CJ, V.CHITAMBARESH, J
Mandamus - Writ Petition - Civil Procedure Code Section 74-76 - The court analyzed the application for mandamus in relation to ... the enforcement of civil court orders and emphasized that redress for violations should be sought through civil courts rather than ... Issues: Whether the petitioner is entitled to police protection despite existing civil court orders and the ongoing civil ... The dispute between the parties is pending consideration in Civil Court as O.S.....
2024 Supreme(Online)(KER) 19025 • India - High Court of Kerala
Devan Ramachandran, M.B. SNEHALATHA, JJ
Filter by Legal Phrase
