Showing : 371-380 of 2916 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to disposal of such interlocutory proceedings - Such finding do not influence the decision which is eventually rendered in suit on merits as the same is..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Land Grabbing proceedings - Matter in issue in pending Land Grabbing Case and previous decided suits is not merely identical but very same - Other ingredients of principle of res judicata are also fulfilled - More so, once identity and title of property is finally adjudicated in..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Joinder of parties or cause of action - Different causes of action were continuity of the agreement and oral agreement - Held, appellants could have joined as plaintiffs in a suit and suit is not bad for mis joinder of parties or causes of action...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Joint tenancy - Unilateral surrender of tenancy rights by one of the joint tenancy holder - Effect on joint tenancy - Substantial question of law raised in memo of appeal - Not examined by High Court - Matter remitted back to High Court for decision afresh - It will be open to High..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Himachal Pradesh Tenancy and Land Reforms Act, 1972-- Withdrawal of suit as plaintiff desired to proceed under the Act of 1973 - Bar U.O.23.R.1 applies only to a fresh suit and not to proceedings under the Act of 1973 - Proceedings in a suit are essentially different from the proceedings under the Act of 1973 - Withdrawal of suit is no bar to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - High Court has jurisdiction to hear second appeal only on substantial question of law framed u/s 100(5) CPC - Since no substantial question of law was framed by High Court on the applicability of S.15(2) of Hindu Succession Act and in..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Writ petition filed that proceedings under Urban Land (Ceiling and Regulation) Act stood abated - Impleadment of authority for whose benefit land was acquired was necessary - In the absence of impleadment of such authority writ petition itself was not maintainable - Impugned..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 99, 141-- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........

Showing : 371-380 of 2916 Results