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Results of civil suits

Showing : 141-150 of 428 Results

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 151 -- Cross suits - Evidence - Separately recorded - Adoption of cross examination in earlier suit - Permissibility of - Held, once the evidence has been recorded separately in two different suits, it is not open to allow petitioner to adopt the cross examination in the earlier suit especially taking in consideration the fact that DW1..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Matter directly and substantially in issue - On comparison of pleadings in three suits it would go to show that issue raised in present suit was directly and substantially in issue in those suits though reliefs sought for may vary in degree - Held, one of the tests to ascertain is to find out as to..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 12 -- Eviction - Default of rent - Primary relief sought in respect of eviction on the ground of default of rent - Relief in respect of unauthorized occupant is an ancillary relief - Held, ancillary relief can be granted where composite cause of action arises - Provincial Small Cause..........

KERALA HIGH COURT

Year of decision: 2012
Details

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Civil Procedure Code, 1908, Section 24 -- Transfer of suit from civil Court to DRT - Validity of - Held, a suit filed in the civil Court even if it be in the nature of cross suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Tamil Naidu Court Fees and Suits Valuation Act, 1955, Section 4, Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Rejection of appeals - Deficit court fee was not paid in time i.e. within period of limitation - Held, need to hear opposite party becomes a necessity as per law - Therefore, objection made by opposite party that appeals were defective at the time..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Doctrine of proportionality -- Applicability to civil suits governed by the procedure prescribed in Code - Held, its applicability to the adjudicatory process for determination of civil disputes governed by the procedure prescribed in the Code is not at all necessary...........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Section 115, Rajasthan Court Fees and Suit Valuation Act, 1961, Article 11(p) -- Sch.II, - Court fee - Revision petition - Held, court fee on a revision petition filed u/s 115 of C.P.C. against an order or decree of trial court passed in a suit filed u/s 6 of the Specific Relief Act shall be payable as per..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........

Showing : 141-150 of 428 Results