Showing : 91-100 of 683 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Resiling by one party - Can be allowed only when compromise was not enforceable for some justifiable reasons when compromise terms were invalid or against public policy or found to be brought about by fraud - When there was no justification in allowing the objection, Court should..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit allowed in view of..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Earlier suit dismissed in default - O.23.R.1(4) CPC has no application to suit dismissed in default as it is governed by provisions of O.9 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Unconditional withdrawal of suit without taking permission of Court - Plaintiff is debarred from instituting fresh suit in respect of the same subject matter - Merely by adding sons of defendant, bar of O.23.R.1(4) CPC cannot be avoided...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise decree - Setting aside - Forum - Regular appeal, miscellaneous appeal and a separate suit is not maintainable to challenge a compromise decree - Only remedy available to an aggrieved person, who wants to challenge the compromise decree is to approach the very same Court, which passed..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Application by third party - Maintainability - Once even if such third party having slightest interest in the suit property files an application for setting aside a decree obtained by a party by practicing fraud upon Court, S.151 CPC stands attracted to..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Even if wrong provision is mentioned in the application for setting aside decree obtained by fraud, that would not be fatal to maintainability of such application considering the reliefs claimed in such application which was even otherwise falling..........

Showing : 91-100 of 683 Results