Showing : 11-18 of 18 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8-- A suit under S.92 can be filed only with prior permission of the Court - That is not so in the suit filed U.O.1.R.8 - In a suit U.O.1.R.8 CPC, permission of the Court can be obtained subsequently - Subsequent permission under O.1.R.8 will cure the defect, but, the suit required to be filed after..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 92(1)-- Trustee - Removal and appointment of a new trustee - Suit can only be filed with permission of Court - If permission not taken suit is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 92(1), 92(2)-- Provisions of S.92(1) & (2) are mandatory - It is necessary to have leave of the Court before filing a suit - Permission to file suit obtained during pendency of suit and on basis of the said permission, the respondents if so advised can only bring a fresh sit - They cannot continue with the suit..........
RAJASTHAN HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 92-- Permission to file suit under Section 92 - Principles governing - (i) While granting leave no notice to the proposed defendants is necessary. Although, as a rule of caution, Court should normally give notice to the defendants before granting leave; (ii) If a suit is instituted on the basis of such..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 92(1)(f)-- Sale of trust property -Trustees fraudulently got permission to sell the trust property at a much lower rate by concealing true facts and making false statements - Held, any order obtained fraudulently from the Court is nullity and non est - High Court directed to call fresh offers to sell the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 92-- Defendants in response to notice filed detailed reply contesting the claim of the applicant - It becomes obligatory for the Court before granting sanction to look into the allegations in the plaint for ascertaining if prima facie the applicants have interest in the trust, whether it is a public..........
KARNATAKA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 92, 115-- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1990
Details
Civil Procedure Code, 1908, Section 92, 115-- Permission granted to file the suit under section 92 - Revision against - Reasons not given for granting permission - Order set aside...........

Showing : 11-18 of 18 Results