Showing : 1-10 of 20 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Onus was on objector to bring on record necessary material to show sale in question is liable to set aside, which he failed to prove - More so, in order to maintain objection in terms of O.21.Rr.89, 90, 91, 92 CPC, deposit of 5% of total sale consideration is a..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Can be allowed only when there is a substantial question of law involved - However, it is settled law that High Court can interfere in second appeal when finding of First Appellate Court is not properly supported by evidence. (Para 11)
Cases referred:
AIR 1965 SC 1564..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92-- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92 Evidence Act, has to be ignored - Held, once the title..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Public nuisance - Suit for declaration and injunction - Leave to institute suit - While granting leave to institution suit as per provision of S.91(1)(b) CPC Court is required to record its reasons for granting such leave...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Public nuisance - Suit for declaration and injunction - Leave to institute suit - Court is required to satisfy itself prima facie that the cause sought to be agitated by the public spirited persons is genuine - The genuineness of the cause at this stage is required to be assessed by preliminary..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91, 151, Order 7, Rule 11-- Rejection of plaint - Wrongful act affecting public by allotment of a plot to defendant - Plaintiff not claiming redressal of any injury or infringement of any of his personal legal right - Leave of Court for redressal of alleged public wrong as mandated by S.91 CPC not sought - Leave of Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 91(1), (2)-- Public street - S.91(1) CPC confer an additional right and locus standi on two or more persons to file suit relating to public street with leave of Court - It does not bar the right of any person to file suit independently of this provision...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 91(2)-- Public street - Encroachment - Plaintiff in view of the sale deed executed in his favour by defendant No.1 making provision for the disputed street has independent personal right to file suit to seek protection of disputed street from encroachment by defendants - Consequently, suit cannot be said..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 92-- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence,..........

Showing : 1-10 of 20 Results