Showing : 371-380 of 772 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- `Subject matter' - Where the cause of action and the relief claimed in the second suit are not the same as the cause of action and the relief claimed in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter as the first suit - Mere identity..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions subsequent to withdrawal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A, 3-B-- Compromise decree - Not signed by all the parties - Same not lawful or valid - Compromise decree on that basis cannot be passed - Rights of defendant No.2 were in issue and in absence of his signing the compromise, no valid decree could have been passed on the basis of such compromise...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Consent decree - Setting aside - Assailing compromise decree as invalid on account of exercise of fraud, coercion, misrepresentation and that compromise was unlawful and involuntary - Consent decree cannot be challenged by a separate suit - Remedy available is to approach the Court which passed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 3-A-- Return of plaint - Compromise decree - Separate suit to challenge compromise decree not maintainable - Question of return of plaint does not arise as a separate suit itself is not maintainable whether in the same Court or in any another Court - What is barred is a 'separate suit' in every Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Maintainability of separate suit to challenge compromise decree - Plea not taken - Held, Court can suo moto decide the question of jurisdiction even in the absence of such a plea...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree..........
GAUHATI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3-- Civil Court - Ouster of jurisdiction - S.4 of Pension Act bars jurisdiction of civil Court to entertain suit relating to pension - S.12 of Pension Act makes an agreement with regard to pension null and void - Compromise decree in a suit which is barred by law is null and void...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise decree - Bar contained in O.23.R.3-A that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful does not come in the way of High Court examining the validity of a compromise decree when allegations of fraud/collusion are..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Application for disposal of suit - Disputed / denied by the other party - No signatures of the parties on the page on which compromise written - Compromise containing certain stipulation with regard to pendency of cases which are not permitted by law to be compromised - Compromise not..........

Showing : 371-380 of 772 Results