Showing : 5961-5970 of 17054 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Suit for declaration of ownership - Restraining defendant from dispossessing plaintiff - Ejectment proceedings initiated by defendant against plaintiff - Shows possession of plaintiff - Injunction cannot be refused merely on the ground that ejectment proceedings u/s 163 of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside sale on deposit - Such an application can only be made by the applicant concerned on his depositing in court, (a) , for payment to the purchaser, a sum equal to 5% of the purchase money and (b) for payment to the decree-holder, the amounts specified in the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside sale on deposit - Application accompanied by tender - Mere filing of tender accompanying application can in no case be construed to be deposit as contemplated under O.21.R.89 - Deposit of amount is pre condition for entertaining application under O.21.R.89 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside sale on deposit - Application accompanied by tender - Mere intention to deposit will not satisfy requirement of O.21.R.89 CPC...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement - Decree inseparable and indivisible - Appeal against decree - Non-substitution of LR's of one deceased decree holder - Appeal abates in its entirety...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h)-- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary injunction would not..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 107-- Remand - All necessary issues not framed by trial Court - But in second round of litigation, lower appellate Court did frame all issues and decided the appeal - Hence, merely because all issues were not framed by trial Court in second round would not give rise to ground to entertain Second Appeal...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9, Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 36A- - Jurisdiction of Civil Court - Suit based on title - Plaintiff having title over suit property - Defendant claiming ownership by way of adverse possession - No bar to entertain said suit u/s 9 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Subsequent pleadings - Three parameters are : (1) The relief claimed originally by reason of subsequent change has become inappropriate; or (2) when it is necessary to take notice of changed circumstances in order to shorten the litigation; or (3) to do complete justice between the parties...........

Showing : 5961-5970 of 17054 Results