Showing : 2021-2030 of 7963 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for declaration of title and recovery of possession - High Court upheld title but failed to decide other reliefs - Matter remitted to trial Court for fresh adjudication with regard to reliefs of recovery of possession and permanent injunction only...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101-- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor parties were required to be permitted to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second Appeal - Substantial question of law - A duty is cast on High Court to formulate substantial question of law before hearing appeal - If the same has not been done, the judgment based on that is vitiated in law...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Cannot be appointed to ascertain as to which party is in possession - However, when there is dispute with regard to identity of suit property, Court has to necessarily issue a commission for localizing the suit land with assistance of a surveyor - Commission for the said..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d)-- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, Court has to look into averments in plaint - Pleas and defence of defendant in written statement is not relevant...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 7-- Refusal and disallow - Mean the same thing - Refusal to sue as an Indigent person - When court refuses to grant leave U.O.33.R.7 CPC, its consequence is dismissal of indigent original petition...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10-- Transfer of Appeal - Appeal filed in a Court having no territorial jurisdiction - Appellate Court can return the appeal by exercising power U.O.7.R.10 CPC - However, that will lad to unnecessary trouble in taking back the appeal and refiling the same with the competent Court - Invoking power u/s..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Production of Audio CD - Such requests should normally be discouraged especially when plea is not taken at the outset unless compelling reasons are found by Court and interest of justice so demand - Moreover, it is not the case that conversation was recoded after closing of..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court cannot reject plaint on the basis of allegations made by defendant in written statement - However, Court can certainly look into the averments in affidavits filed by defendant themselves in same proceedings taking a contradictory or inconsistent stand than the stand..........

Showing : 2021-2030 of 7963 Results