Showing : 1751-1760 of 20116 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Jurisdiction cannot be vested in Court by consent...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13-- Foreign judgment - S.13 CPC does not provide for filing of a suit - It merely provides for cases in which a foreign judgment would be conclusive and in which it would not - Though undoubtedly on foreign judgment of a territory with which India does not have reciprocity treaty, a suit can be filed..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 20-- Foreign judgment - Plaintiff sued on basis of foreign judgment and not on basis of original cause of action - He invoked S.13 CPC - Plaintiff cannot now, upon territorial jurisdiction of Court having been challenged, fall back on the original cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1)-- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
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...........
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...........

Showing : 1751-1760 of 20116 Results