Showing : 1-10 of 1550 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Petition under the Act can be filed on any one of the statutory grounds even when cause of action on various grounds is available - Ground being within the absolute wisdom of the parties, he or she is not bound to explain the reason for his choice to anyone including the matrimonial Court - If he..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 11-- Divorce - Res judicata - Grounds for dissolution of marriage are of continuing or recurring nature - If incidents giving rise to cruelty, desertion and adultery are different, cause of action will also differ depending on facts and circumstances - When cause of action is of continuing and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - If assailant acts with intention or knowledge that such action might cause death, and hurt is caused, then provision of S.307 IPC is applicable - There is no requirement for the injury to be on a `vital part' of the body - Merely causing `hurt' is sufficient to attract S.307..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Cause of action according to O.2.R.2 is one cause of action - O.2.R.2 CPC requires that every suit shall include whole of the claim on the basis of a cause of action - O.2.R.2 cannot be read in a manner as to permit clubbing of different causes of action in a suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 17, General Clauses Act, 1897, Section 13-- Ambit and scope of S.17 of CPC are : (i) The word `property' occurring in S.17 although has been used in `singular' but by virtue of S.13 of the General Clauses Act it may also be read as `plural', i.e., "properties"; (ii) Expression any portion of the property can be read as portion of one or..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 20(c)-- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(1)-- Family Court - Jurisdiction - Matrimonial relationship - If cause of action is emerging out of any circumstances related to matrimonial relationship and the same could not have existed independently, then suit can be maintained before Family Court u/s 7(1) Exp.(d) of the Act - It is not necessary..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(1)-- Family Court - Jurisdiction - Recovery of money - Cause of action for claim of money does not relate to matrimonial relationship - Cause of action for realisation of money exist independently - Jurisdiction conferred on Family Court is settlement of issues arising out of matrimonial causes -..........

Showing : 1-10 of 1550 Results