Showing : 2021-2030 of 8017 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - `Cause of action' - Consists of a bundle of facts which will be necessary for plaintiff to prove in order to get a relief from Court - However, because cause of action for two suits are different and distinct and evidence to support relief in two suits are also different..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 13, Rule 3-- Rejection of irrelevant or inadmissible document - Court has jurisdiction to reject a document at any stage of suit which it considers irrelevant or otherwise inadmissible, recording grounds of such rejection...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 32, Rule 4-- Suit by minor - Next friend of minor need not necessarily be one of guardians enumerated in S.6 of Hindu Minority and Guardianship Act and it is also not necessary that next friend must be appointed by Court as legal guardian...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 32, Rule 4-- Suit by minor - Maintainability - Where suit is filed by natural mother of minor as next friend for enforcement of right of minor in ancestral property of adoptive family, suit cannot be held to be not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212-- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any right whatsoever in disputed property on the strength of..........

Showing : 2021-2030 of 8017 Results