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Results of civil application

Showing : 2151-2160 of 4948 Results

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 245 -- Discharge - Civil dispute between two real brothers regarding some house for which civil suit is pending as a result of which complainant has roped in all the family members of his real brother - Held, simply on such ground discharge application cannot legally be allowed because after recording evidence of both the parties at..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 9,11,92 -- Bar on jurisdiction - Suit for modification of scheme already settled by Court for administration of private religious trust - Maintainable - Application can be filed if modification is for purpose of administration - Not barred u/s 11 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner,..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of..........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience and inconvenience also..........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 97, 482, Indian Penal Code, 1860, Section 342, 44 -- Wrongful confinement - Proceedings u/s 97 CrPC - Quashing - As per petition/complaint, daughter of opposite party No.2 had been snatched away by husband and others from her custody - Held, so long, the issue is not resolved by a Civil Court, wife is competent to take recourse to..........

ORISSA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte ad interim injunction - Appeal against - Not maintainable when application U.O.39.R.4 is also pending - Application U.O.39.R.4 has to be heard first...........

CALCUTTA HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........

Showing : 2151-2160 of 4948 Results