Showing : 1741-1750 of 20116 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Suit for possession - Maintainability - Suit filed by a religious institution for declaration of title and possession of property - Defendants are in possession thereof under void lease deeds - Not one of the relief found u/s 92 of CPC - Hence, suit for declaration that a property belongs to a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38-- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to decide issues..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of..........
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 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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27, Registration Act, 1908, Section 17-- Additional evidence at appellate stage - Consent decree passed which was to operate only after registration - Since decree was not registered as such permission cannot be granted to lead additional evidence...........

Showing : 1741-1750 of 20116 Results