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Results of code of civil procedure

Showing : 6101-6110 of 22422 Results

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy premises and that plaintiff..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court proceeded with suit ex parte with undue haste and without verifying record as to whether defendant was properly served or not - Summons not duly served upon defendant and there was sufficient cause which prevented defendant from appearing when suit was called on for hearing - Ex..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed only when evidence sought to be produced could not be produced at the stage of trial inspite of exercise of due diligence and that evidence could not be produced as it was not within his knowledge - In instant case, appellants (public authority) has sought to produce a..........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected if Court finds that plaint does not disclose any cause of action or cause of action is illusory or it is frivolous, vexatious and an abuse of process of law...........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Provision of O.7.R.11 CPC does not take away the power of Court to allow amendment of plaint when it discloses no cause of action...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only when there is an error apparent on the face of record and when such an error is self evident and does not require a process of reasoning to detect it - Review jurisdiction is not applicable to an `erroneous decision' which needs rehearing and correction - Review cannot be allowed to be an appeal in disguise -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 52, Order 21, Rule 30 -- Money decree - Execution against L.R's - Decree cannot be executed against L.R's by their detention in civil imprisonment as decree against L.R's can only be executed by selling the property which is inherited by the L.R's...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Executing court cannot grant interest when the same is not granted in the judgment and decree...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for expunging adverse remarks passed in proceedings for appointment of Lambardar - Applicant a rival contender for the office - Any decision in the civil Court will have a direct bearing to his own position as a subsequent appointee - Though not necessary party but a proper party - Allowed to be..........

PATNA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One of the foremost considerations for grant or refusal of a prayer for injunction is the conduct of the parties...........

Showing : 6101-6110 of 22422 Results