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KERALA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 340 -- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of Civil Appellate Court thus, cannot..........

KERALA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 340, 341 -- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal resulted in its abatement...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Evidence on a point not specifically pleaded cannot be permitted to be adduced and if adduced must necessarily ignored...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Non-issuance of notice to original DH - Assignees not only purchased the property but they also holding deed of assignment of decree - They held, entitled to file execution petition - Non-issuance of notice to original DH, would not render the execution petition not maintainable...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44, Rule 1, 3 -- Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal as an indigent person - Appellate Court to hold inquiry as contemplated U.O.44.R.3(2) of the Code and to pass appropriate orders...........

Showing : 911-920 of 22595 Results