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Showing : 1391-1400 of 26909 Results

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Contention that plaintiffs are not entitled to seek relief in second appeal on the ground that they have not challenged the judgment of trial Court before first appellate Court - Contention not sustainable...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of first appellate Court based on conjectures and surmises - Perverse approach of first Appellate Court in arriving at the findings gives rise to substantial question of law, thereby justifying High Court to interfere with the same...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application U.O.7.R.11 CPC to be decided only on averments in the plaint and not by considering defence taken or proposed to be taken in written statement...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A suit is not maintainable for enforcing directions issued in a writ petition - When plaintiff already secured directions in the order in the writ, a further proceeding in the form of suit does not lie - Order dismissing application filed U.O.7.R.11 CPC set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are concurrent findings of both the Courts in a well reasoned order, second appeal is not maintainable without any substantial question of law involved in it...........

Showing : 1391-1400 of 26909 Results