Showing : 2101-2110 of 19364 Results

GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 3, Rule 2-- Word `acts' used in O.3.R.2 CPC does not include act of power of attorney holder to appear as witness on behalf of party...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Principle of res judicata - Applies to writ proceedings...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Petitioner claimed all reliefs in the earlier writ petition and a very major part of relief was not granted - Deemed refusal of relief in the earlier judgment bars jurisdiction of Court to grant the same relief in subsequent proceedings - Principle of res judicata applies to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Documents in question though required to be filed along with plaint but can be filed lateron with leave of Court on showing plausible reason - Reason stated for not filing documents in question seems plausible - Trial Court allowed application and order being..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Can be permitted at any stage of proceedings - Party seeking amendment has to satisfy Court that he/she was prevented by sufficient cause from bringing facts to be incorporated by way of amendment after having exercised due diligence. ( Para 4)..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Suit can be withdrawn with liberty to file fresh suit on same cause of action not only on ground of formal defect which has crept in suit, but also if Court is satisfied that there are sufficient reasons for allowing plaintiff to file fresh suit for the subject matter...........

Showing : 2101-2110 of 19364 Results