Showing : 71-80 of 650 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for mandatory injunction filed by father-i, law against daughter-i, law - Father-i, law proved to be owner of suit property - Daughter-i, law thus, has no right to reside in suit property which is owned by her father-i, law - Suit rightly decreed..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9-- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 34-- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O-- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100-- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100-- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly..........

Showing : 71-80 of 650 Results