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SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit filed against a dead person is a nullity from the very inception - Same shall be deemed not to have been instituted at all - Prayer for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of action...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from plying thrashing machine in front of their house along with diesel engine - Thrashing machine causing huge noise and air pollution and on account of emission of chaff from thrashing machine, house of plaintiff filled with dust particles, as a result family members of..........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Witnesses to prove or disprove any facts in dispute - By no stretch of imagination can be stated to be either proper party or necessary party...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party -As against the proposed defendants plaint averments do not indicate any cause of action and right to sue - Application rightly dismissed...........

Showing : 1-10 of 5679 Results