Showing : 9541-9550 of 20116 Results

PATNA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Document - Objection as to admissibility or objection as to mode of proof - Objection as to admissibility has to be decided forthwith and cannot be left open for decision at the time of final arguments on suit itself...........
PATNA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Unregistered agreement for sale - Possession not proved - Finding of possession is perverse being based on practically no material on the record apart from the reliance upon the unregistered document which is impermissible in law - Order granting injunction set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Document - Objection as to admissibility has to be decided forthwith - Objection raised that agreement to sell on the basis of which suit for specific performance is filed, being unregistered and unstamped is not admissible in evidence - Objection relates to admissibility which requires to be..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 11-- Death of plaintiff during pendency of appeal - Applicant seeking impleadment as L.R. on the basis of Will - Application rejected on considering certain part of the Will - Held, not proper - Applicant allowed to be impleaded as legal representative...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Civil Procedure Code, 1908, Section 11-- Res judicata - Petition u/s 7 of the Act dismissed - Held, dismissal of petition will not debar subsequent petition as principle of res judicata cannot be invoked in summary proceedings unless statute expressly provide so...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Appeal - Withdrawal of appeal and suit sought - Withdrawal of only appeal allowed - Court cannot split the statement in two parts - Order set aside - Matter remitted back for decision afresh in accordance with law...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 16, 17, Order 38, Rule 5-- Attachment before judgment - Money suit - Property sought to be attached need not to be subject matter of the suit claim - Property within or beyond the jurisdiction of Court can be attached...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Suit for specific performance - Subsequent suit for permanent injunction filed by subsequent vendee - Two suits sufficiently and substantially similar - Petitioner's suit transferred to Court trying respondent's suit - Both the suits ordered to be consolidated and tried..........

Showing : 9541-9550 of 20116 Results