Showing : 881-890 of 1438 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47-- Number of time objections to execution of decree can be filed - Decree for possession by way of specific performance of agreement - Objections by JD that decree unexecutable - Dismissed by Trial Court - Not challenged - Sale deed executed through Court - Warrant of possession issued - Again..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28-- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Resjudicata - Applies at different stages of same proceedings - Dispute as to LRs of deceased plaintiff decided by Trial Court - Order not challenged attained finality - Raising again the question regarding LRs in Second Appeal or SLP - Barred by principles of resjudicata - Principles of..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Jurisdiction of Court - At the stage when case was fixed for arguments a new legislation coming into force whereby the dispute could be decided by Tribunal - Court has power to return the plaint at any stage of suit and even at the stage of arguments - Plaint ordered to be..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 7, Limitation Act, 1963, Article 59-- Cause of action to file suit - Suit filed by daughters challenging sale deed executed by their father and brother in 1975 - Father impleaded as dependent no. 1 - Father not absolute owner, had life estate in property - Sons and daughters to inherit property after death of father - Father died in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise of suit - Nature of decree passed - Rule 3 consists of two parts - First part provides that where it is proved to the satisfaction of Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, the Court shall order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Additional written statement - Discreation of the Court to accept written statement or rejoinder at any stage of trial - When new pleas are raised in replication - Defendant entitled to file additional written statement to controvert the same - Provision of O 8 R 1 are direcory & not mandatory -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 20-- Jurisdiction - Specifically mentioned in purchase order that orders have been placed as per terms and conditions contained over leaf, wherein clause 8 clearly provided that in case of any dispute between the parties, the civil Courts only at Chandigarh would have the jurisdiction - Suit filed at..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Unless serious injustice or irreparable loss is likely to be caused to the other side, Court should adopt liberal approach and not a hyper-technical approach particularly in a case where the other side can be compensated with costs...........

Showing : 881-890 of 1438 Results