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Results of code of civil procedure

Showing : 6481-6490 of 22422 Results

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 151 -- Inherent powers - Cannot be used to restrain the execution of a decree at the instance of one who was not a party to suit...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 - - Res judicata - Bonafide requirement - NRI landlord - In an earlier petition, landlord had contended for his own need - In a subsequent petition, he was spelling out need for members of his family who were dependent on him - Held, it is surely a different..........

KERALA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 34 -- Decree - Rendered ignoring the mandate of S.34 CPC - Such a decree is illegal and liable to be set aside...........

KERALA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Not to be allowed on the mere asking of it and is to be allowed only if requirement of rules is satisfied - The requirement to be satisfied is that Court should be satisfied that there is reason to believe that for the purpose of avoiding service, defendant is keeping out of its way or that for any other..........

KERALA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Guidelines regulating exercise of power U.O.5.R.20 CPC - Enumerated...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Guardians and Wards Act, 1890, Section 7, 10, 12, Civil Procedure Code, 1908, Section 11 -- Minor - Change of guardian - Res judicata - Principle of res judicata is not applicable to the proceedings for custody of child - Order of custody of child is temporary in nature - Appointment of guardian of one person and custody of child given at one set of circumstances may no..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Terms of S.11 of CPC is not strictly applicable in a case where decree was passed in terms of compromise, however, principle of estoppel would still apply...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Conditions to be fulfilled for applicability of res judicata are : (i) The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (explanation III) or constructively (explanation IV) in the former suit; (ii) The..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made renovation and no..........

Showing : 6481-6490 of 22422 Results