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Results of suit not maintainable

Showing : 511-520 of 1115 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Court Fees Act, 1870 -- Sale deed - Annulment - Court fee - Issuance of post dated cheques - If there is recital in the sale deed that in the event of non payment of sale consideration or dishonour of post dated cheques sale deed shall stand revoked/cancelled/rescinded then simpliciter suit for declaration is maintainable and plaintiff is not required to pay ad valorem..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Annual Confidential Report -- Adverse remarks - Expunction of remarks Executive instructions - Violation of guidelines - Challenge as to - Instructions on which reliance placed do not have statutory substance - the instructions are mere guidelines to be used by the reporting officer - These instructions are non - justiciable and cannot be enforced in the Court of law by..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Public street -- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a lane claiming it as a public lane - Suit is not..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Tehsildar filed suit on behalf of State Govt. - Tehsildar has no locus standi to maintain suit on behalf of State Govt. - Suit not maintainable...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree on the ground that consent was obtained by fraud - Held, appeal is not maintainable - If a claim of fraud is made, there are three options open : (1) to apply to the same Court for recalling the order by setting out the grounds of fraud; (2) an independent suit by contending that the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Setting aside of compromise decree - Separate suit filed raising challenge against compromise decree on the ground that compromise was obtained by exercising fraud and misrepresentation - Held, suit not maintainable in view of O.23.R.3-A CPC - Plaintiff can challenge compromise decree by filing application u/s 151 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, Civil Procedure Code, 1908, Order 27, Rule 1 -- Necessary party - Suit for declaration seeking certain rights over the suit land admitting that land belonged to State Govt. - If any relief is claimed against the State, then State is a necessary party - In absence of owner of the land, no such declaration can be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Application U.O.7.R.11 CPC for rejection of plaint on the ground that jurisdiction of civil Court is barred u/s 34 of 2002 Act - Plea that civil suit is maintainable where the actions of the secured creditors are..........

Showing : 511-520 of 1115 Results