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UTTARAKHAND HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Certified copies of evidence of witness in other proceedings, which are relevant, sought to be confronted with the witness - Court ought to have given an opportunity to mark the same through said witness - Application allowed...........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Second stay application - No new facts have been averred in second stay application which would deserve any consideration afresh - First stay application was rejected after thorough consideration of facts and law - Second stay application rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC in non commercial suits is discretionary and not mandatory - Defendant permitted to file written statement within one week from date of order subject to payment of Rs.40,000/- as costs...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Written contract - Invoices/bills are "written contracts" within contemplation of O.37 CPC...........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........

Showing : 31-40 of 5679 Results