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ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of record...........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary party - Partition suit - Sisters of appellant being legal heirs are proper and necessary parties for adjudication of suit - There is no bar to implead them even at the stage of final decree proceedings - Application allowed...........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party as co-defendant - Suit for specific performance - Applicants claiming right and interest in suit property and they were able to show requisite "semblance of title and interest" necessary for impleadment - Order allowing impleadment, upheld...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Possibility of multiplicity of proceedings by no, impleadment of a third party in a suit for specific performance and existence of a "semblance of title" in the party seeking impleadment are the guiding criterion for permitting application for such impleadment...........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Reliefs U.O.39.R.1 CPC are equitable and discretionary - Such discretion can only be exercised by Court when person has come to Court with clean hands and has not suppressed material facts and makes out a prima facie case...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in favour of passing order of..........

Showing : 841-850 of 4739 Results