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ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Distinction between the two provisions - Stated - Affidavits assume the character of evidence if permitted to be produced by Court for proving a prima facie case and not on merits subject to limitations under Order 19 Rule 1, 2 CPC...........

KERALA HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership - It is for the partners themselves to thrash out their differences by mutual discussion and deliberation - Decision of majority to be binding on the minority - In such matters the court does not interfere except to give effect to the will of the majority...........

MADRAS HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Granted on basis of report of Advocate Commissioner showing possession of plaintiff - As Local Commissioner cannot be appointed for ascertaining physical possession thus reliance on such report is illegal - Order granting injunction cannot be sustained...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for permanent injunction - Neither of the parties owner of the land in dispute - Land recorded to be in the ownership of Shamlat Deh - Plaintiff in cultivating possession of the land in dispute - Plaintiff entitled to injunction prayed for...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Imp-lementation of order - Police help - Once the order passed becomes final, the Court is bound to take every step to enforce the same...........

KARNATAKA HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for specific performance - Transferee in the part performance of the contract taking possession of the property - Transferee can protect his possession against the transferor...........

SUPREME COURT OF INDIA

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Conditions prece-dent are (1) That there must be a right to some relief against him in respect of the dispute involved in the suit; and (2) That his presence should be necessary to enable the court to effectually and completely to adjudicate upon and settle all the questions involved in the suit...........

SUPREME COURT OF INDIA

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific perfor-mance -Amendment of plaint to add a party - Proposed party acquired subsequent interest by operation of decree of court - Held, a person who has got his interest in property declared by an independent decree not a party to agreement of sale, is not a..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a licensee, whose license comes to an end cannot be granted against the true owner...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1994
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In case involving public properties and public interest - Besides three ingredients viz. a strong prima facie case, balance of convenience and irreparable injury the Courts have to bear in mind as to whether the grant of injunction would be conducive or detrimental to public interest...........

Showing : 4101-4110 of 4739 Results