Showing : 121-130 of 403 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 1(b)- - Summary suit - Jurisdiction to try - Prior to 1976 Amendment, District Court or any other Courts were not empowered to try suit summarily U.O.37 unless ordered by their respective State Governments - After 1976 Amendment, O.37.R.1(b) has been repealed and new R.1(b) has been introduced in its..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Distinction between rules 1 and 2 - Rule 1 covers all classes and categories of suits, Rule 2 applies only to suits for injunction - Application of Rule 2 is limited and is confined to injunction suits (of breach of contract or other injury of any kind) - Clause (a) of Rule 1 allows either party..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10, Order 7-- Stay of suit - Five suits filed together on one day - One suit dismissed on ground of limitation against which appeal still pending - S.10 or O.7.R.11 CPC is not applicable to stay the other four suits as (i) All the five suits related to different portion of lands and different sale deeds; (ii)..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3-- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of act or transactions..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Provision of O.23.R.1 CPC applies to suits and part of claims raised in the suit - it does not apply to interlocutory applications and orders passed thereon...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Application for stay of suit till disposal of second appeal filed by plaintiff - Rejection of - Validity - Issue in both suits identical - Parties in both suits are one and same - Held, judgment rendered in second appeal will operate as res judicata in the suit - Suit has to be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Agreement to sell - Injunction suit filed followed by suit for specific performance - In the suit for injunction plaintiff claimed that facts and events have occurred which entitled it to contend that defendant had no intention to honour the agreement - Held, in such..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Companies Act, 1956, Section 433, 434, 439-- Proceedings u/ss 433, 434, 439 of the Companies Act, 1956 - Applicability of O.2.R.2 CPC - Held, proceeding u/ss 433, 434 and 439 of the Companies Act, 1956, is not a suit, but a Petition which does not attract the provisions of O.2.R.2 CPC, which deals with suits - Findings of Single Judge and..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subject matter of the two suits altogether different - Application rightly rejected by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Land Revenue Act, 1887-- Entries in Khasra Girdawari - Correction of - Civil suit filed by respondent Nos.2 to 4 has already been dismissed as they failed to prove their possession as well as ownership over disputed land - Even petitioners had filed suit for declaration and injunction which they withdrew - Held, such..........

Showing : 121-130 of 403 Results