Showing : 1511-1520 of 4939 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - If a plaintiff is entitled to seek reliefs against the defendant in respect of the same cause of action, the plaintiff cannot split up the claim so as to omit one part to the claim and sue for the other - If the cause of action is same, the plaintiff has..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - Bar of O.2.R.2 CPC - Cause of action same for both the suits - Relief sought in the second suit could have been claimed in the first suit - Held, reliefs which were available at the time of filing of the first suit and after having relinquished the same, a..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, 39(3)- - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Haryana Wakf Act, 1995, Section 7, 85-- Wakf property - Jurisdiction of Civil Court - Dispute as to whether property is Wakf property or not - It is the Tribunal constituted under the Wakf Act, which has the exclusive jurisdiction to decide the same - Jurisdiction of Civil Court is barred in respect of any dispute/question or other..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 89, Order 7, Rule 10-- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Closing of evidence - Recalling of witness - Suit for possession, arrears of rent and mesne profit - Witness Building Inspector suffered statement that summoned record was not traceable - His evidence closed by Court - Held, it was not fault of petitioner who genuinely summoned that witness -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - Non appearance of Advocate due to strike by Bar - Held, strike by Bar is not itself a sufficient ground for restoration of suit dismissed in default, nevertheless law is equally well settled that a party cannot be made to suffer due to fault of his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 92-- Public trust - Revocation of leave granted to institute suit - Application for revocation of leave should be decided on merits - Revocation application cannot be dismissed summarily by holding that it was not mandatory to issue notice to the petitioners for grant of leave...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Amendment sought necessary for proper and effective adjudication of suit - Application for amendment bonafide - Refusal of amendment would lead to injustice - Allowing amendment will not cause any prejudice to defendant - Amendment allowed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Abandonment of part of claim - After institution of suit, plaintiff is free to either withdraw the suit or abandon part of his claim as against all or any of defendants when no right has already accrued to the other party in suit - No specific form is required for seeking such a relief and even an..........

Showing : 1511-1520 of 4939 Results