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Results of civil procedure court

Showing : 431-440 of 9730 Results

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Application seeking relief U.O.11.R.11 and in the alternative relief sought U.O.11.R.21 CPC - Relief not sought under both the provisions simultaneously - Relief U.O.11.R.21 can be granted after passing an order U.O.11.R.11 CPC - Even if both the reliefs were prayed simultaneously, Court ought to consider the relief..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband willing to bear travel expenses for those hearings when presence of wife is required before trial Court - Husband cannot determine when wife is to attend the hearing - Husband liable to pay Rs.600/- for every visit which wife may make to attend the hearing - Husband directed to deposit..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Marriage dispute - Petition for transfer from Mumbai to Delhi - Compromise - Parties to file a formal application u/s 13-B of Hindu Marriage Act before Supreme Court on realisation of amount of five crores as agreed between parties - Marriage petition pending in Court at Mumbai shall stand..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - When an application is filed under O.21.R.58 CPC claiming any right or arising any objection to attachment of property, Court shall have to proceed to adjudicate upon such claim...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - If claim petitioner is not a pendente lite purchaser, executing Court should give an opportunity to both parties to adduce oral and documentary evidence - However, parties cannot be allowed to go on a roving enquiry to establish their rights...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Pre-requisites to grant injunction - Unless and until, the affidavit filed in support of injunction application makes out prima facie case and deponents states on oath that balance of convenience is in his favour and there is risk of irreparable loss - Court cannot grant injunction...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - If a person is not capable of protecting his interests on his own, Court has an obligation to protect his interest by appointing a next friend or guardian...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is nothing to indicate that Family..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Separate suit is maintainable to challenge ex parte decree - However, same can only be allowed if Court comes to conclusion that previous ex parte decree was result of fraud...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Application by plaintiff for issuance of direction to defendant to lead evidence first - Court does not have power U.O.18.R.1 CPC much less U.O.18.R.2 CPC to entertain application of plaintiff for issuance of directions to defendant to lead evidence first - Right to begin will always be with plaintiff..........

Showing : 431-440 of 9730 Results