Showing : 61-70 of 19901 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A-- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party in a suit for possession u/s 6 Specific Relief Act - Applicant not in possession of suit property - Applicant neither necessary nor proper party - Applicant cannot be impleaded as a party merely for the reason that she happens to be daughter of deceased defendant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Filed beyond 120 days in presence of counsel for plaintiff without any objection thereto - Application to strike off defence filed after a month thereafter - Trial Court should have recorded reasons - However, in the facts of the presence case, dismissal of application to..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 10A-- Return of plaint - Lack of territorial jurisdiction - If Court comes to conclusion that it has no territorial jurisdiction then Court not to decide other issues, including that U.O.2.R.2 CPC...........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery..........

Showing : 61-70 of 19901 Results