Showing : 141-150 of 650 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no,..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Courts below concurrently found that plaintiff proved his case but plea of defendant found to be incorrect and unacceptable - Questions regarding whether defendant willingly executed the registered agreement to sell and accepted advance amount and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), 11-- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - For applicability of S.10 of the Code there has to be a duly instituted previous suit between the same parties in which the issue is directly and substantially the same - Subsequent suit cannot be stayed when plaint in previous instituted suit was rejected on ground of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for specific performance - Whether registered agreement to sell was executed between parties as pleaded in plaint and whether plaintiff had been ready and willing to perform his part of agreement - These are questions of fact and not of law - Such..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 24(5), 151-- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as..........

Showing : 141-150 of 650 Results