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BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Issues were framed, plaintiff has already led his evidence and suit was fixed for evidence of defendant - Defendant filed application for permission to file counter claim which was allowed by trial Court - Held that counter claim cannot be filed by defendant when cause of action for filing counter claim has..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - New plea - Cannot be looked into for the first time in second appeal as it would be deciding the case on entirely new issue...........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 9, Industrial Disputes Act, 1947, Section 2A -- Suit by individual workman against employer seeking relief in respect of grant of selection scale or withholding of increment as a measure of punishment or recovery etc. - Dispute is not covered by S.2-A of Industrial Disputes Act - Cause of workman not espoused by Union or body of workmen..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC is maintainable only if it is a suit of representative character instituted in the interest of public and not merely for vindication or the individual or personal rights of the plaintiff - Suit u/s 92 CPC is not maintainable for the mere fact that suit relates to public trust of religious or charitable nature and..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Objections not finding acceptance by majority - Not a ground to lay a suit u/s 92 CPC questioning legitimate decisions taken by the majority - When action is taken bona fide though there may be mistaken action, that would not amount to breach of trust...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- For maintaining a suit u/s 92 CPC it is the object and purpose and not the relief which is material - A co-trustee is not remediless if leave is not granted u/s 92 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Object - The object of S.92 CPC is to protect the public trust of a charitable and religious nature from being subjected to harassment by suit filed against them...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Suit against public trust - If on analysis of averments contained in the suit it transpires that the primary object behind the suit is vindication of individual or personal rights of some persons an action under the provision does not lie...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Plaint allegations only to be looked into in the first instance to see whether the suit falls within the ambit of S.92 CPC - If after taking evidence it is found that the breach of trust alleged has not been made out and that the prayer for direction of the Court is vague and is not based on any solid foundation in fact or reason..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 92 -- Normally notice should be given before deciding the question as to whether leave is to be granted...........

Showing : 12781-12790 of 24645 Results