Showing : 9341-9350 of 19901 Results

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 -..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 8, 10, Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment before judgment - Objections to attachment before judgment have to be determined U.O.38 itself and not by recourse to O.21.R.58 CPC - Requirements and limitations of O.38.Rr.5 & 10 are relevant for such consideration...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Contention of fraudulent transfer/s 53 TPA in a claim for property attached before judgment is not hit by S.11 Expln.IV when such claim is allowed on the ground of transfer having taken place before order of attachment - Such a contention can be raised in appropriate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9-- Transfer of petition filed u/s 9 of Hindu Marriage Act from Faridabad to Ludhiana where wife resides with her parents - It will be difficult for the wife to defend the petition at Faridabad - Held, convenience of wife has to be preferred in such case - Case transferred to Court at Ludhiana...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Failure to prove prima facie case - Interim injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury if injunction is not granted...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Injunction to restrain defendants from changing the nature of suit property - Injunction granted restraining defendants from alienating or encumbering the suit property or changing the nature and character thereof..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 499, 500-- Defamation - Defamatory pleadings in a civil suit - Imputations contained in pleadings and evidence in civil suit is covered by Exception 9 of S.499 IPC, even assuming that the imputations are prima facie defamatory in nature...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Suit property sold during pendency of suit - Vendees impleaded party to the suit - Restraining such vendees from changing the nature of suit - Ad interim injunction granted restraining defendants from alienating or..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53-- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it does not bind him, a creditor of the defendant - Held, whether..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance proceedings - Nature of - Held, proceedings u/s 125 of the Code are of civil nature and no strict proof can be asked from wife to establish her case for maintenance - Proceedings u/s 125 of the Code cannot be equated like criminal trial...........

Showing : 9341-9350 of 19901 Results