Showing : 9571-9580 of 20116 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transferee pendente lite - Steps into shoes of the owner and is bound by the decree - He is neither proper nor necessary party - Order declining impleadment, upheld...........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Divorce petition filed by wife and thereafter husband filed petition for restitution of conjugal rights - In case wife obtains decree in that event there will be no need to proceed with the subsequent suit - Same parties - Issues in both suits in strict sense not the same..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Amendment - Declaration and possession of first floor of house sought - Dispossession from ground floor during pendency of suit - Amendment of counter claim - Allowed - Whether defendant had been dispossessed recently or not would be in the nature of the claim of restitution, which..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 10, Rule 1, 4-- A party or any person conversant with the case can be examined on first date of hearing or any subsequent date of hearing - Party when represented by a counsel then opportunity is to be provided to counsel to answer the questions - When counsel is unable to answer the question, then Court can..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Co-defendants - Principle of res judicata applies when an issue was decided in between the co-defendants but does not apply when an issue was decided between plaintiff and some of the defendants...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 115, Order 14, Rule 1-- Issues - Recasting of an issue - Application rejected - No prejudice caused to any of the party - Order does not amount to case decided - Revision dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite - Applicant not approaching Court immediately after execution of sale deed and approached Court only after evidence of defendant was closed - Order dismissing application - No interference...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- High Court has no jurisdiction to interfere with the findings of fact arrived at by courts below, even if the same are erroneous - Legislature never wanted second appeal to become a `third trial on facts'...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Scope - Two thing should be satisfied before invoking the power U.O.17.R.2 Expln. - There should be evidence or atleast substantial evidence of the party and that party absented himself from appearing subsequently in which case alone the Court can exercise its discretion to proceed with the case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Nuisance - It is not in dispute that flour mill is being run by respondent No.1 for the last one year with aid of tractor - Lower appellate court held that by grant of electric connection noise and pollution likely to come down and would not enhance the same - Held, it could..........

Showing : 9571-9580 of 20116 Results