Showing : 561-570 of 2151 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1-- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96-- First Appeal - High Court while exercising its first appellate jurisdiction has ample jurisdiction to appreciate the evidence independent to that of the appreciation done by the trial Court and come to its own conclusion...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 5-- Legal heirs - Order allowing impleadment set aside as : (a) In the first place, the High Court should have remanded the case to the trial court by taking recourse to the provision of O.22.R.5 proviso for deciding the question as to whether applicant was the legal representative of deceased..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62-- Temporary injunction - Restraining defendants from infringing/imitating the plaintiff's Trade Mark which is deceptively similar - Undertaking by defendant that he will change the colour and to use the trade mark which is not deceptively similar to mark of plaintiff - Court allowed defendant on the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 43, Rule 1A-- Order of remand - Appeal against order of remand is maintainable - Matter remitted back to lower appellate Court with direction to pass afresh order in compliance with provision of O.41 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent findings by Courts below are not usually interfered in second appeal - But it is not an absolute rule to be applied universally and invariably - If findings of Courts below are either perverse or not based on material on record the same are subject matter to be looked..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - If additional evidence sought to be produced during appeal was never refused by trial Court to be taken on record and such additional evidence was within knowledge of parties and if Appellate Court requires such evidence for just, proper and fair..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application is required to be heard along with final arguments on appeal - To come to the conclusion as to whether additional evidence sought to be produced during the pendency of the appeal is required to be taken on record for the fair adjudication of..........

Showing : 561-570 of 2151 Results