Showing : 1441-1450 of 17111 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2)-- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2) of..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, 96-- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151-- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience - Hence, Court rightly appointed local commissioner as he..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 5-- Written statement - Defendant must specifically deal with each of the allegations of fact made in the plaint - Failure to make specific denial amounts to an admission...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction petition - Amendment sought to introduce plea of denial of landlord's title - Said plea was not raised by defendants in the written statement - Defendants held, not permitted to introduce the said plea by way of amendment, that too, at the belated stage..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Order admitting second appeal passed by Registrar in exercise of delegated powers under High Court Rules - Not ascribable to an order passed U.O.41.R.11 CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2-- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and..........

Showing : 1441-1450 of 17111 Results