KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
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...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Question with regard to validity of a Trade mark - Not to be decided by Civil Court and is required to be decided by Registrar or High Court under Trade and Merchandise Marks Act or by Registrar or Intellectual Property Appellate Board (IPAB) under Trade Marks Act -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Object of O.1.R.10(2) CPC is that no `lis' should be dismissed on technical grounds but should be decided on merits...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no, joinder of necessary..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question involved in subsequent suit for cancellation of sale deed as to whether petitioner had any right in property during life time of his father was already decided in earlier suit for permanent injunction - This would operate as res judicata - Subsequent suit dismissed being..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A(3)-- Taking document on record U.O.8.R.1-A(3) CPC - Trial Court is not required to pronounce upon admissibility of document - Objection regarding admissibility to be considered by trial Court at the time of marking exhibit...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Legal representatives of deceased defendant are not entitled to take a defence, which is at variance with defence already taken by deceased defendant...........