Showing : 531-540 of 2000 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Appeal - Powers of appellant Court - Appellant Court has no power to grant relief to a no, appealing defendant who lost his counter claim...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5)-- Interim injunction - Restraint order - Court can direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1 - However, in such cases, when suit or appeal or proceedings wherein interim order of injunction restraining alienation is..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Dispute as to title of suit property - Based on oral and documentary evidence, both the courts below recorded concurrent findings of fact that plaintiffs are the owners of `A' scheduled property - High Court committed error by ignoring the material..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Plaint - Non disclosure of material facts - Non mention of fact of filing of earlier suit in Bombay High Court - Plea that on account of similarity between previously instituted suit and the present suit and reliefs claimed thereunder, the factum of having filed the previous suit becomes a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First Appeal - Court to decide first appeal keeping in view the scope and powers conferred on it under S.96 read with O.41.R.31 CPC - Judgment of appellate Court shall state : (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 43, Rule 1(q)-- Attachment before judgment - Dismissal of application - Appeal thereagainst is not maintainable...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d)-- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5-- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so, defendants suppressed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Recall of consent order - During pendency of appeal against eviction order, consent order passed whereunder tenant was to vacate after 15 months - Conduct of tenant's Advocate was not fraudulent as consent order was beneficial to tenant giving him additional 15 months stay in the..........

Showing : 531-540 of 2000 Results