Showing : 10861-10870 of 24309 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction on the basis of possession - Plaintiff-appellant failed to prove his lawful possession over the suit land - Plaintiff-appellant dispossessed from the suit property in execution of warrants of possession issued by the competent court in favour of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Regular second appeal - Substantial question of law - Cannot be raised if based on arguments neither raised nor pleaded before the courts below...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- O.9.R.9 CPC precludes a second suit in respect of the same cause of action where the first suit is dismissed for default of appearance of the plaintiff...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- Earlier suit dismissed in default U.O.9.R.8 CPC - Second suit on same cause of action but changing valuation of relief of declaration - Plea that earlier suit was dismissed by Trial Court committing an error in dismissing the suit U.O.9.R.8 CPC as such plaintiff is entitled to bring a fresh suit -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1-- To claim benefit of S.14 of Limitation Act the same petition which was returned has to be represented - There is a distinction between provision of S.14 Limitation Act and O.23.R.1 CPC as in case of Court returning plaint by holding that it has no jurisdiction it is open to the petitioner either..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Public Premises Act, 1972, Section 10, 15-- Jurisdiction - Decree passed by civil court - Affirmed in appeal - Objection of jurisdiction not raised before trial court - Held, objection of jurisdiction cannot be raised in second appeal...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 58, 59, 61, 62, 63-- Chief Commissioner or Commissioner, functioning under the Act, has no power to issue any mandatory or prohibitory injunction or other interim directions, irrespective of the fact that Act clothes them with certain power of civil Court which does not enable them to assume other power of civil court..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2-- Temporary injunction - Restitution proceedings pending - Title not vesting in the appellant - Merely because proceedings u/s 144 CPC for restitution are pending at the instance of the appellant he is not entitled to raise construction over the land in question or to injunct the respondent from..........

Showing : 10861-10870 of 24309 Results