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Results of civil procedure code issue

Showing : 661-670 of 1323 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 41, Rule 24, 5 -- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first Appellate Court to..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequent suit cannot be stayed for the mere reason that defendant has raised a common plea in both the suits which does not mean that a common issue is directly or substantially in issue in both the suits - Cause of action in both the suit entirely different as first suit filed for injunction restraining..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 14, Rule 2 - - Framing of issues - Decision thereon - Suit for declaration and permanent injunction - Multiple issues framed by trial Court including issue regarding no, joinder of necessary parties - Trial Court disposed of suit on a preliminary issue in regard to no, joinder of necessary parties - Legality - Held, in case, there are any..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit on the basis of cheque - Defendant filed affidavit seeking leave to defend - Leave can be given only if affidavit discloses some triable issue - Defendant admitted execution of cheque, but taking plea that same was given as security - Plea not substantiated by any evidence - Ledger books of plaintiff..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........

DELHI HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdraw/abandon a part of the claim - Suit for specific performance - Alternative prayer for refund of payment made and for recovery of damages - Issue as to pecuniary jurisdiction of Court raised - Application filed U.O.23.R.1 CPC to withdraw/abandon the relief of damages - As long as Court is seized of the matter, it is..........

KERALA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Scope of enquiry into an allegation by a party to the compromise is limited to an enquiry as to whether an adjustment or satisfaction has or has not been arrived at - It is not within the province of that adjudication to decide on any other issue, though a specific plea that the agreement or settlement is not..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Wakf Act, 1995, Section 83(5) -- Wakf Tribunal is deemed to be a civil Court - It has same powers as exercised by civil Court under CPC while trying a suit or executing a decree or order - It is competent to issue injunctions in terms of O.39.Rr.1, 2 r/w S.151 CPC. (Civil Procedure Code, 1908, S.151, O.39.Rr.1, 2)...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 CPC - Plea not taken in written statement - Once there is neither any plea nor specific issue, then defendant cannot take up a plea that issue of maintainability would cover the issue of bar of O.2.R.2 CPC as well - Defendant was not only required to take up this plea, but also set up pleadings of the..........

Showing : 661-670 of 1323 Results