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Showing : 251-260 of 11607 Results

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 33, Rule 15, 15A -- Permission to sue as indigent person - Application rejected - Court may grant time to pay requisite Court fee, within such time or extended time, as is fixed by Court - On payment of Court fee suit shall be deemed to have been instituted on the date on which application for permission to sue as an indigent person was..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........

KARNATAKA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of Courts below are in record that defendants have failed to prove that they have perfected their title by way of adverse possession - Court therefore, u/s 100 CPC cannot revisit and reassess entire evidence on record - Suit rightly decreed in favour of plaintiff...........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendants as plaintiff - Transposition is permitted only where a suit is withdrawn or abandoned by a plaintiff and a defendant applies to be transposed as a plaintiff - Court can allow application having due regard to the question whether the applicant has a substantial question to be decided as against any..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of Land Acquisition case - Land Acquisition, Rehabilitation and Resettlement Authority not a Court subordinate to High Court within meaning of S.24(1)(a) of the Code, though may be regarded as Tribunal subordinate to High Court for the purpose of superintendence under Article 227 of the Constitution - Transfer application..........

Showing : 251-260 of 11607 Results