LawMirror.com

Results of civil procedure code cause of action

Showing : 61-70 of 221 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Representation of the Peoples Act, 1951, Section 83(1), 81, Civil Procedure Code, 1908, Order 6, Rule 15 -- Election petition - Allegation of corrupt practice - Petition not verified in manner contemplated in S.83 - Held, in absence of proper verification, election petition was incomplete as it did not contain complete cause of action. Paras 24, 26)..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 151 -- Inherent powers - Exercise thereof - Held, S.151 of CPC does not cater but only recognizes the powers, which are inherent in civil court, existence of ample power on civil court to permit plaintiffs to pursue course of action undertaken by them...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 20 -- Cause of action - Comprises a bundle of facts which are relevant for determination of the lis between the parties...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings -..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Section , Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Review petition - Order passed by High Court in second appeal - SLP against said order, dismissed as withdrawn by Supreme Court, on request of counsel, without permission or reservation or liberty for taking further action -..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of claim - Cause of action available on date of filing of suit but not claimed - Relief based on such cause of action introduced by way of amendment of plaint - O.2.R.2 CPC which is applicable to second suit but its principles based on public policy are also applicable in the same suit in such facts of the case...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Object - Two fold - First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action - Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Plea of res judicata does not include a plea of bar under O.2.R.2 CPC - Res judicata relates to the plaintiff's duty to put forth all the grounds of attack in support of his claim whereas O.2.R.2 CPC requires plaintiff to claim all reliefs flowing from the same cause of action in a single suit - Two pleas are..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Provision of O.2.R.2 comes into play only when both suits are based on the same cause of action and plaintiff failed to seek all the reliefs based on or arising from the cause of action in the first suit without leave of Court - While considering whether second suit is barred by O.2.R.2 all that is required to be seen is..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre mature suit - (1) Not necessarily to be dismissed for such reason; (2) Question of suit being premature does not go to the root of jurisdiction of the court; (3) Court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or..........

Showing : 61-70 of 221 Results