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Results of civil procedure o 23

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SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 23, Rule 3A -- O.23.R.3-A CPC does not bar suit challenging compromise decree on the ground of fraud and misrepresentation...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Setting aside - Person taking benefit of the compromise cannot be permitted to wriggle out of it...........

DELHI HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 23, Rule 1(4) -- Bar to subsequent suit - Previous suit filed on mere apprehension of dispossession from the plot in dispute - Subsequent suit filed when he actually stood dispossessed during pendency of that suit - It gives rise to fresh and an independent cause of action for filing..........

DELHI HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - At the time of withdrawal of suit for injunction, no permission for institution of fresh suit for possession was required as plaintiff had been dispossessed during pendency of that suit - O.23.R.1(4) not attracted in the facts of present case...........

MADRAS HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, Order 23, Rule 1(4) -- Withdrawal - Second suit - Previous suit withdrawn unconditionally - At the time of withdrawal of previous suit, plaintiff neither alleged any compromise effected nor sought permission of Court to file fresh suit regarding same subject matter - Held, second suit is clearly barred by O.23.R.1(4) CPC...........

DELHI HIGH COURT

Year of decision: 2011
Details

Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........

DELHI HIGH COURT

Year of decision: 2011
Details

Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........

DELHI HIGH COURT

Year of decision: 2011
Details

Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........

Showing : 311-320 of 956 Results