Showing : 2171-2180 of 18605 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 10, Rule 1A, 1B, 1C-- Incorporation of Rules 1A, 1B, 1C by Amendment Act 1999, has not much relevance in exercise of jurisdiction U.O.10.R.4 CPC...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 89-- Settlement - There is no provision in CPC to penalize the party who fails to appear before any authority for exploring the possibility of an out of Court settlement as enumerated u/s 89 CPC, as out of Court settlement principally is governed by will of parties and it is open to party to decide..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Injunction suit - If in an earlier suit for injunction simplictor, issue of title was raised and decided therein, same operates as res judicata in subsequent suit on title...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Not re-hearing of case - Power of review not to be used to give a different verdict...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A(1)-- Counter claim - Not maintainable in respect of property which is not the subject matter of suit...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Suit for mandatory injunction - Directing defendants to remove transformer and electric pole installed in the suit property - Pleas sought to be taken by defendant in review application are legal pleas, which require a foundation in the pleadings and the same admittedly did not exist -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151-- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........

Showing : 2171-2180 of 18605 Results