SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First Appeal - Jurisdiction of First Appellate Court while hearing first appeal is very wide like that of Trial Court and it is open to appellant to attack all findings of fact or/and of law in first appeal - It is duty of first Appellate Court to appreciate entire evidence and arrive at its own..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 151-- Maintenance pendente lite - Non-payment - Enforcement of order directing maintenance pendente lite - Court can exercise powers u/s 151 CPC to ensure and see that orders passed by Court u/s 24 of H.M. Act are given effect to and compiled with, when there is no specific, effective and speedy..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13-- Foreign judgment - S.13 CPC does not provide for filing of a suit - It merely provides for cases in which a foreign judgment would be conclusive and in which it would not - Though undoubtedly on foreign judgment of a territory with which India does not have reciprocity treaty, a suit can be filed..........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 8, Rule 1-- Divorce petition filed by husband - Filing of written statement before disposal of application filed by wife u/s 24 of Hindu Marriage Act - Wife appeared in the case but written statement not filed for four years - Wife already received litigation expenses as well as costs - Appeal against order..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 20-- Foreign judgment - Plaintiff sued on basis of foreign judgment and not on basis of original cause of action - He invoked S.13 CPC - Plaintiff cannot now, upon territorial jurisdiction of Court having been challenged, fall back on the original cause of action...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Words `actually and voluntarily resides' do not allow interpretation of S.20 CPC to vest jurisdiction in Court within whose territorial jurisdiction passport address of defendant is or permanent place of residence disclosed by defendant in any other document, is situated..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i)-- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 20, Order 37, Rule 1(2)(b)(i)-- Summary suit for recovery - Leave to defend - Territorial jurisdiction - Joint motion/judgment of US Court - Plaintiff in his plaint not pleaded any business of defendants within territorial jurisdiction of this Court or even given the place of residence of defendant No.1 - Without plaintiff being..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1)-- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........