Showing : 2321-2330 of 10057 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Decree of specific performance - Execution of sale deed - Relief of possession cannot be granted, by Executing Court, in absence of possession specifically prayed for in the suit - Judgment in case Nathu Ram Vs Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) holding otherwise held not a binding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Practice and procedure -- Binding precedent - A judgment rendered by Court without reference to the provisions of Act or binding precedent is said to be per inquirium - Decision of Court in the case of Nathu Ram v. Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) relied upon by petitioner is per inquirium and cannot held..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree of divorce - Setting aside - Delay of 13 days - Wife came to know about ex parte divorce decree when she was informed by husband on telephone - Delay sufficiently explained - Delay of 13 days in filing application is not such a delay, which should be disallowed by Court, especially..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13-- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to service of notice through publication - Held, wife was..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 3, Rule 3-- Service of summons - On an adult member of family who is also agent of a party - O.3.R.3 CPC provides that process served on recognised agent of a party shall be as effective as if the same has been served on the party in person, unless the Court otherwise directs - Service of summons on agent who..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - All claims emerging from a cause of action have to be included in one suit and a second suit for a claim on a cause of action would be barred unless leave of Court is obtained - Where a plaintiff who is entitled to a larger interest in the property claims only a smaller..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely -..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Sought during pendency of second appeal - Appellate Court possesses the jurisdiction to allow amendment application for the ends of justice keeping in view the facts and circumstances of a particular case...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Mere discovery of fresh evidence subsequent to decision of lower court is not a ground for its admission in appeal unless appellate court requires that evidence to enable it to pronounce judgment or for any other substantial cause - Additional evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Document sought to be brought on record a photostat copy which is not admissible under evidence - Appellate court rightly rejected application for additional evidence...........

Showing : 2321-2330 of 10057 Results