Showing : 6261-6270 of 16971 Results

CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means-- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding with the sole intention to misuse the order against him, the former shall not be heard to say that..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means-- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in exercise of power under Arts.226 and 227 of Constitution or S.151 CPC - Aggrieved person cannot be..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Adjournment - Conduct of parties can always be looked into and if any of the parties are found instrumental in getting the proceedings delayed by adopting dilatory methods, the court below is at liberty to deny any such adjournment, which may result in installing the proceedings...........
KERALA HIGH COURT
Year of decision: 2011
Details
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court and consequently Family Court is not ousted with the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1955, Section 25B,15-- Eviction petition - Delhi Rent Control Rules 1959, R. 23 - Leave to defend - Amendment - Amendments sought were of facts which were already known to petitioner - Facts were all pre-existing i.e. existing at the time when application for leave to defend was filed - Held, if such an application is..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6-A-- Amendment of written statement to incorporate counter claim - In the instant case compromise decree passed - Set aside in appeal and case remanded - Counter claim by way of amendment of written statement sought on the ground that suit land had been mutated in the name of plaintiff on the basis of..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Suit for damages - Relief of injunction - There is no averment that any attempts are made to dispose off property - Furthermore the suit is only for damages - Held, applicants are not entitled to seek order of injunction for reason that relief of injunction cannot be granted in final decree where..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application at the instance of a person not arrayed as defendant is not maintainable...........

Showing : 6261-6270 of 16971 Results