Showing : 5141-5150 of 16795 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Appointment of a commissioner cannot be made at the threshold...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, 152, 153-- Inherent powers of Court - Exercise of - Held, Court in order to do complete justice between parties are vested with inherent powers as well as general powers to rectify mistake or error in proceedings or judgment or decree u/ss 151, 152 and 153 CPC - No restriction has been provided to affect..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 1(b)- - Summary suit - Jurisdiction to try - Prior to 1976 Amendment, District Court or any other Courts were not empowered to try suit summarily U.O.37 unless ordered by their respective State Governments - After 1976 Amendment, O.37.R.1(b) has been repealed and new R.1(b) has been introduced in its..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6-- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in question is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52-- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103-- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Court has a wide discretion to meet every case or defect of party and to proceed with a person who is either a necessary party or a proper party whose presence in Court is essential for effective determination of the issues involved in the suit...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Non compliance of order of injunction - Person proceeded against should be given reasonable opportunity as to why he is not liable to be prosecuted and punished, affording him chance to lead evidence in support of his defence, there must be clear proof of disobedience of injunction to punish him..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Non compliance of order of injunction - Alleged condemner State Electricity Board - Objections filed by Executive Engineer of Board on behalf of authority - Order of his detention in civil prison without any finding as to whether he was personally liable for non compliance of injunction order -..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226-- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong provision i.e. S.151 CPC in application for grant of injunction will..........

Showing : 5141-5150 of 16795 Results