Showing : 10591-10600 of 17111 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - First Appellate Court when assuming jurisdiction not vesting in it the same can be adjudicated in second appeal, treating it as a substantial question of law - However, where first appellate court is shown to have exercised its discretion in a judicial manner, it cannot be termed..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - 'Decision based on no evidence' - Expression not only refers to cases where there is total dearth of evidence but, also refers to any case, where the evidence, taken as whole, is not reasonably capable of supporting the finding...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Maintainable only if it involves a substantial question of law - Memorandum of appeal must precisely state the substantial question of law involved - High Court is obliged to satisfy itself regarding the existence of such a question and then has to formulate the substantial..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99-- Execution - Death of D.H. - Inter se dispute between L.R's - Cannot be adjudicated in execution proceedings as the dispute does not pertain to execution - Inter se dispute between L.R's of decree holder is to be decided in a separate suit - Even one of the L.R's can execute the decree...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Demolition - Temporary injunction - When structure is unauthorised temporary injunction cannot be granted merely on the ground of sympathy or hardship...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Eviction petition - Purchaser of property - Not a necessary party - Petition for eviction cannot be allowed to be converted to a suit for title - Order allowing application set aside...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Can be granted only when (i) prima facie case is made out; (ii) balance of convenience; (iii) irreparable loss and injury - Relief of temporary injunction being an equitable relief it can be granted only when plaintiff's conduct is free from blame and he approaches the court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5-- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered Will - Suit decreed - Execution filed - Other..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21-- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision - Limitation for execution..........
DELHI HIGH COURT
Year of decision: 2006
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9-- Second divorce petition - On the same cause of action - Barred U.O.9.R.9 CPC - However second divorce petition is maintainable on grounds which have accrued after dismissal of first petition or on ground in which there is continuous cause of action and it has continued even after dismissal of the..........

Showing : 10591-10600 of 17111 Results