Showing : 6141-6150 of 19731 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Want of correct valuation for purpose of court fee - Court is not in a position to determine correct valuation of built up structure referred in plaint - Held, plaint cannot be rejected U.O.7.R.11 of the Code for want of correct valuation for purpose of court fee - Trial..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police aid - Court in exercise of its inherent power can grant police aid for implementation of the Court's order - Exercise of such power is necessary for the ends of justice or to prevent abuse of the process...........
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..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with permission to file fresh suit on the same cause of action - Even in the absence of `formal defect' for the suit, if there are "sufficient grounds" it is within the power of the Court to allow withdrawal of suit with permission to file a fresh suit - `Sufficient grounds'..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- A decree suffering from illegality or irregularity of procedure cannot be termed as inexecutable by the executing Court - Remedy of a person aggrieved by such a decree is to get it set aside by a superior Court...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 115-- Revision - Power u/s 115 CPC is to be exercised only when the subordinate Court exercises a jurisdiction not vested in it by law or fails to exercise a jurisdiction so vested or in the exercise of its jurisdiction it does so illegally or with material irregularity - Errors of facts are not to be..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without..........

Showing : 6141-6150 of 19731 Results