Showing : 9331-9340 of 19901 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Before entertaining second appeal, High Court has to satisfy that the case involves a substantial question of law - Memorandum of appeal should state the substantial question of law involved in the second appeal - High Court should then formulate the said question for consideration..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Lis does not come to end - Rejection of plaint does not prohibit a party from filing a fresh suit as envisaged by O.7.R.13 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Mere reference to the grounds as stated in the memorandum of second appeal do not satisfy the mandate prescribed in S.100 CPC - In order to fulfill the conditions mentioned in S.100 if the High Court is satisfied that the substantial question of law is..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Advocate for the respondents did not appear as his client had died and he had not filed vakalatnama on behalf of the legal heirs - Second appeal was allowed without giving any opportunity of hearing to the respondent - Impugned order set aside - Matter remanded back for decision..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 11, Rule 21-- Failure to answer interrogatories - Striking out defence - Defence of a party, on failure to answer interrogatories, can be struck out only when Court comes to a conclusion that there is wilful and deliberate disobeyance of the order of the Court which warrants striking of his defence...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment sought not necessary to decide the controversy in the suit - Unless it is established that defendant was diligent and he could not plead all those proposed amendments at the appropriate point of time, defendant is not entitled to seek amendment of written..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1(a)-- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Issue of jurisdiction or issue of maintainability of suit - It is discretion of Court to treat these issues as preliminary issues - It is not mandatory to treat these issues as preliminary issues...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of second advocate commission - Held, before appointment of a second advocate commissioner, court should record its dissatisfaction about report submitted by first commissioner - Object being to avoid conflicting reports before court...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit with liberty to file fresh suit - Defendant raised construction and changed the nature of suit property - Relief sought not adequate relief under the changed subsequent developments - Plaintiff having a fresh cause of action on account of changed developments and circumstances -..........

Showing : 9331-9340 of 19901 Results