Showing : 2161-2170 of 17472 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 4, 6-- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Divorce proceedings - Appellate Court without entering into merits of adjudication by Trial Court merely remanded proceedings so as to give one opportunity to respondent to contest the proceedings - Unless conditions stipulated U.O.41.R.23-A CPC are satisfied, order of remand cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100A-- No further appeal in certain cases - Letter Patent Appeal - No letters patent appeal was to lie from original or appellate decree or decree of Single Judge were any writ, order or direction issued u/Art.226/227 of Constitution - Legislature in its wisdom preferred to save both types of pending..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Appellate Court has to first go into merits of adjudication by trial Court and only on being satisfied that decree is liable to be reversed and fresh trial is considered necessary that order of remand can be passed...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from obstructing work carried out by plaintiff - Joint Development Agreement entered into between parties - Defendant contended that said agreement is repudiated by cancellation Letter - Said Letter has to be tested during course of trial - Plaintiff..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 35B, 151-- Costs - Non-payment - Relaxation - Court has power for granting relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13-- Wife seeking transfer of divorce petition - Plea that Court staff is trying to help the husband - Sessions Judge already order an enquiry against members of staff - No more a ground of transfer - Moreover, case is not to be decided by staff of Court but by the Presiding Officer...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13-- Wife seeking transfer of divorce petition - Merely because counsel appearing on behalf of wife is no more ready to conduct her case, is no ground to transfer the case, as she would always be at liberty to engage another counsel or can also seek legal assistance from Legal Aid - Application..........

Showing : 2161-2170 of 17472 Results