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KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Remand for purpose of adducing fresh evidence to explain the evidence on record, where it is unambiguous or to cover up deficiencies or to fill in gap is not warranted by the Rule...........

KERALA HIGH COURT

Year of decision: 2016
Details

Family Courts Act, 1984, Section 8, Civil Procedure Code, 1908, Section 2(2), 38 -- Decree - Jurisdiction - Decree may be executed either by the court which passed it or by the court to which it is sent for execution - Decree passed by Civil Court cannot be sent for execution to Family Court...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23, Family Courts Act, 1984, Section 7, 8 -- Remand of case - Jurisdiction - No appellate court can confer jurisdiction on a subordinate court, however high the appellate court may be...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Expression "Trial Court" - Meaning - Only mean the court which is competent to try the icy/issues pursuant to the order of remand...........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Expression "Trial Court" - Meaning - It can only understood that remand was made to a court which possessed jurisdiction to try the case at material time...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Reliefs U.O.39.R.1 CPC are equitable and discretionary - Such discretion can only be exercised by Court when person has come to Court with clean hands and has not suppressed material facts and makes out a prima facie case...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in favour of passing order of..........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for presentation in a Court having jurisdiction - Plaintiff has every right to amend the plaint before it is presented in the proper court - Plaintiff need not to take permission of any Court for its amendment before it is presented before the proper Court...........

Showing : 4191-4200 of 22595 Results