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UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Normally if answer to an issue is determinable on the basis of some principle of law, that issue is an issue of law - If parties want to lead evidence on an issue, that ceases an issue of law...........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue regarding territorial jurisdiction of Court ought to be tried as a preliminary issue...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Determination of fact - Report from Revenue Officer is always relevant, when demarcation of property is required...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Local Commissioner - Report when not satisfactory - Report of Local Commissioner not satisfactory as dimensions mentioned therein did not match with revenue record - Court should examine Commissioner in Court to get things clarified or may appoint a new Local Commissioner, as it thinks fit...........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Engagement of another counsel to file review petition and making serious allegations against previous counsel, without disengaging him and seeking opinion from him disentitles petitioner to seek review of judgment - Review petition rejected...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Court or Tribunal as party - Writ petition is not maintainable if Tribunal or authority that is required to defend its order is not arrayed as party as, it is a necessary party...........

Showing : 4671-4680 of 22595 Results