Showing : 1211-1220 of 5008 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Right to sue for reliefs which was lost by not seeking and obtaining leave of Court at the time of filing of former suit, cannot be restored or revived by simply withdrawing the earlier suit filed for some of reliefs alone or part of claim alone by getting a permission..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Mere fact that suit for injunction was permitted to be withdrawn by Court may permit the plaintiffs to file a fresh suit for very same relief i.e injunction suit and it cannot be interpreted to confer a right on plaintiffs to file a suit for specific performance, which..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit based on unregistered sale agreement - Defendant disputed the execution of agreement for sale - Burden lies on plaintiff to prove it by sufficient evidence, which he failed to prove - Defence of defendant that plaintiff helped her financially in civil litigations..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 92-- Public trust - A suit on title or a suit for title cannot be brought under the canopy of a suit u/s 92 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Land acquisition proceedings - Suit seeking declaration for compensation in terms of Land Acquisition Act, is barred and not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three suits for declaration filed in respect of same land - Two suits of respondents decreed and such decree attained finality as petitioner failed to prefer any appeal against the same - However, suit of petitioner dismissed and an appeal filed against the same - Since decree in..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues - Preliminary issue - Legal issue on maintainability aspect of suit - To avoid unnecessary legal exercise, Court should first decide maintainability issue because if this issue is decided against plaintiff, there would be no occasion for Court to consider evidence and decide other issues...........

Showing : 1211-1220 of 5008 Results