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Results of code of civil procedure

Showing : 2151-2160 of 22422 Results

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in a newspaper - Purpose of publication of substituted service is to bring to the notice of defendant about pendency of proceeding - Notice should be published in a newspaper having wide circulation in the locality, where defendant voluntarily resides...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition on ground of cruelty - Amendment sought to seek divorce on additional ground of desertion as period of two years desertion elapsed during pendency of petition - Amendment allowed - However, amendment will relate back to the date of filing of amendment application and not..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - No counterclaim can be raise by the defendants on a cause of action which has arisen subsequent to the filing of written statement in defence or before the time limited for delivering the defence has expired...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said principle simply on the basis of an..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Where service of summons is doubtful, trial Court should have called the process server and should have taken his affidavit regarding service of summons upon defendant...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should have been taken on report as..........

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Award of interest from date of suit to date of decree is entirely within discretion of Court, as word `may' cannot be read as mandatory as it confers discretion on Court to award interest pendente lite or future or both...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47, 34 -- Execution - Objection - Claim of interest pendente lite - Decree for payment of money - Suit of plaintiff decreed with simple interest of 10% p.a till decretal amount is paid - Decree is silent so far as award of pendente lite interest - If Court intended that plaintiff is also entitled to pendente lite interest, it would have..........

Showing : 2151-2160 of 22422 Results