Showing : 531-540 of 4313 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Question whether there has been an abandonment of claim by withdrawal of suit is a mixed question of law and fact - Language of order for withdrawal is not always determinative - Background facts necessarily have to be examined for a proper and just decision...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is not presumed or inferred..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95-- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 80-- Suit against Government - Issuance of notice - State Government handing over suit land to telephone exchange - However, notice u/s 80 CPC not issued to telephone exchange despite being necessary party - Notice u/s 80 CPC being sine qua non for maintaining suit and since no notice is issued to..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Interim injunction - Willful disobedience - Power of Civil Court U.O.39.R.2-A CPC is in the nature of contempt of Court to the extent of violation of its own orders U.O.39.Rr.1, 2 CPC - However, Court in exercise of powers U.O.39.R.2-A CPC cannot adjudicate contempt or violation of undertaking but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is..........

Showing : 531-540 of 4313 Results