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SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 151 -- Inherent powers - Exercise thereof - Held, S.151 of CPC does not cater but only recognizes the powers, which are inherent in civil court, existence of ample power on civil court to permit plaintiffs to pursue course of action undertaken by them...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 9 -- Land Acquisition Act Land Acquisition proceedings - Civil suit relating to Land Acquisition Proceedings is not maintainable - By implication, cognizance u/s 9 CPC is barred - Held, Land Acquisition Act itself is self contained Code - Aggrieved person has remedy to claim interest under provisions of said Act...........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Default in repayment of loan - Forcible seizure of vehicle - Suit for mandatory injunction - Defendant having its branch office at Bangalore, vehicle registered at Bangalore and vehicle seized by defendant at Bangalore - Held, Court at Bangalore has jurisdiction in respect of cause of action - Merely..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendants by withdrawing earlier written statement, sought to file completely new and different written statement - Claim of plaintiffs was admittited by defendants No.1 to 5 and the present application filed seven years thereafter - Defendants by moving said application wanted to make..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 37, Rule 7 -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permission to file - Imposition of cost - Defendant-petitioner failed to file written statement despite 5 opportunities - Suit is for recovery of Rs.4,00,000/- - Held, same has to be kept in mind while assessing quantum of cost - Trial court is directed to grant another opportunity to defendant-petitioner..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Application can also be filed at the instance of a party - However, Court will have to exercise discretion in the facts and circumstances of each cases...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 65B -- Recall of witness - Production of email message - Email message by itself cannot be taken on record unless certificate is obtained as contemplated u/s 65-B of Evidence Act - Held, petitioner is at liberty to recall concerned parties including plaintiff as his witnesses, if he so desires in..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Protecting the suit property - Can be granted only upon plaintiff performing his part of the contract which the plaintiff is required to be ready and willing to perform at all material times including at the time of filing the suit - This would be only upon payment of..........

Showing : 8451-8460 of 24645 Results