Showing : 1-10 of 48 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A-- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is not applicable...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 141-- Miscellaneous proceedings - Dismissal of application U.O.9.R.13 CPC in default - It is an order passed in miscellaneous proceedings, which is expressly included in S.141 explanation CPC - Even application U.O.9.R.9 CPC, for restoring application dismissed in default U.O.9.R.13 CPC is also a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Industrial Housing Act, 1955, Section 13-- Jurisdiction of civil Court - S.13 of Act of 1955 only restricts the rights of worker/person in approaching the Courts to question the legality of action taken under the Act - Said provision does not oust jurisdiction of Civil Court to try eviction suit filed by employer under the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35-- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of S.34 Specific Relief Act enable the petitioner to..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15-- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing with issuance of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17-- Rejection of plaint - Jurisdiction of civil Court - Dispute raised by the plaintiff in the suit filed is of civil nature which is cognizable by the civil Court of competent jurisdiction - Therefore, it cannot be accepted that the jurisdiction of the civil Court stands ousted either specifically or..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11-- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was no..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3-- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are questions of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1A)(ii)-- Divorce - No restitution of conjugal rights between parties for more than one year after passing of decree u/s 9 of Hindu Marriage Act - Non-execution of decree of restitution of conjugal rights - Even in the absence of any attempt being made by husband by way of resorting to execution proceedings..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading a party - Power to add a party to a proceeding cannot depend solely on question whether he has interest in suit property - Question is whether the right of a person may be affected if he is not added as a party - Such right, however will include necessarily an enforceable legal right...........

Showing : 1-10 of 48 Results