Showing : 12111-12120 of 20813 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227-- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under Article 227 of Constitution..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend refused - Passing of decree automatic and consequent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Payment of proper Court fee - Issue already framed regarding Court fee and the same was to be decided along with other issues on the basis of evidence led by parties - Dismissal of application - Order upheld...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 151-- Specimen thumb impression for comparison - Suit for permanent injunction - Interim stay granted - Application for police help for compliance - Application for contempt proceedings - Defendants filed application for directions to plaintiff to give her specimen thumb impression for being compared..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 34, Rule 14, 15-- Mortgage of property for loan - Suit for attachment and sale - Suit is not barred by previous suit which was decreed for recovery of money based on loan transaction simpliciter or for enforcement of hypothecation agreement - Cause of action are different though they might have arisen out of same..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Suit for declaration & injunction - Plaintiff claimed ownership and possession on the basis of sale deeds - Ad interim injunction sought restraining defendants in interfering in peaceful possession - Vendor of plaintiff found to be not in possession of suit land - Could not have passed over..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 20-- Appeal - Right of Respondent - Cross objections when required - The respondent in an appeal is entitled to support the decree of the Trial Court even by challenging any of the findings that might have been rendered by the Trial Court against himself - For supporting a decree passed by the Trial..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Power of Appellate Court - The provision enables the Appellate Court to pass any decree that ought have been passed by the Trial Court or grant any further decree as the case may require - The powers could be exercised not withstanding that the appeal was only against a part of the decree and..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross objection - Respondent in appeal is not required to file memorandum of cross objection to support the decree which is in his favour and to challenge any particular finding against him - Memorandum of cross objection is needed if he claims any relief which had been negatived by trial Court..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to..........

Showing : 12111-12120 of 20813 Results