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ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Ingredients - Gratuity and Provident Fund received by plaintiff exempt from attachment not liable to be taken into account - Wife's income as an employee shall not be taken as income of husband - When Court fee payable is more than the value of property the plaintiff possesses, he must be treated as an..........

KERALA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of counsel of opposite party as a witness - Before summoning judicial consideration is to be made bearing in mind the possible utility of his evidence and also the consequence which entails not only to the counsel concerned but to the party who engaged him - Court shall be greatly circumspect while deciding to..........

DELHI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- A trespasser/encroacher of public land is entitled to no relief from Court...........

GAUHATI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 12, Rule 6 -- Appeal by a person not party to suit - A person who is not a party may prefer an appeal with the leave of the appellate Court if he would be prejudicially affected by the judgment..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner elected President of Indian Medical Association for one year - Election challenged on ground of fraud, forgery and cheating - Held, petitioner having been elected President cannot be deprived of his legitimate claim to assume office of Presidentship till the matter is finally adjudicated by the Court...........

DELHI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract to construct hospital building - Labour of contractor occupying huts at site - Held, labourers have no relationship with hospital either as licencee or lessee - On completion of work labour is liable to vacate huts - Not entitled to injunction on basis of possession...........

DELHI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person in illegal possession - Not entitled to injunction...........

SUPREME COURT OF INDIA

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - A person in unlawful possession has no legal right to claim injunction against the true owner...........

SUPREME COURT OF INDIA

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Discretionary power of Court - In exercise of discretionary power Court should also call upon the plaintiff to file a bond to the satisfaction of the Court that in the event of his failing in the suit to obtain the relief asked for in the plaint, he would adequately compensate the defendant for the..........

SUPREME COURT OF INDIA

Year of decision: 1995
Details

Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Award of damages arising due to obtaining ad interim injunction and suit ultimately failing - Trial Court can award damages beyond its pecuniary jurisdiction...........

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