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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13B, 24, Civil Procedure Code, 1908, Section 151, Constitution of India,1950, Article 227 -- Matrimonial dispute - Compromise u/s 13-B HMA - Non-adherence of compromise - Refund of amount of Rs.6 lakhs - Amount given to wife at the stage of first motion in petition u/s 13-B of HMA - However, wife not responded to stage of second motion -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Not to be granted on the ground that counsel is out of station...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plea that counsel is out of station - Not a good ground to seek adjournment - Appeal dismissed for no, prosecution and under no circumstances application for restoration shall be entertained...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Rent and Eviction -- Eviction petition - Tenancy whether solely for residential or commercial or for composite purpose - Question is required to be pleaded first and then proved by adducing evidence. (Civil Procedure Code, 1908, O.6.Rr.1, 2)..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel could not appear due to boycott of Courts by Advocates - Sufficient cause shown for non appearance - Ex parte decree set aside...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 17, General Clauses Act, 1897, Section 13 -- Ambit and scope of S.17 of CPC are : (i) The word `property' occurring in S.17 although has been used in `singular' but by virtue of S.13 of the General Clauses Act it may also be read as `plural', i.e., "properties"; (ii) Expression any portion of the property can be read as portion of one or..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action according to O.2.R.2 is one cause of action - O.2.R.2 CPC requires that every suit shall include whole of the claim on the basis of a cause of action - O.2.R.2 cannot be read in a manner as to permit clubbing of different causes of action in a suit...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 9, Partnership Act, 1932, Section 69 -- Jurisdiction of civil Court - Suit by a partner of an unregistered firm subject to exception u/s 69(3)(a) of Partnership Act is barred in a civil Court...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments contained in plaint are to be looked into while considering application U.O.7.R.11 CPC - Any defence taken in written statement cannot be examined - Impugned order of rejecting application U.O.7.R.11 CPC set aside - Matter remanded for fresh consideration...........

Showing : 1521-1530 of 23723 Results