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Results of civil procedure code suit jurisdiction

Showing : 621-630 of 790 Results

RAJASTHAN HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 10 -- Applicability - Four conditions to be fulfilled - firstly, the matter in issue in the second suit is also directly and substantially in issue in the first suit; secondly, that parties in the second suit are the same or parties under whom they or any of them claim litigating under the same title; thirdly the Court in which the first..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Suit for injunction - Plaintiff claimed to be in cultivating possession - Absence of documentary evidence - Oral evidence produced being against the record produced by defendants - Suit dismissed - First appellate Court while allowing appeal held that it was plaintiff who was in..........

ALLAHABAD HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Parties can oust jurisdiction of one Court where part of cause of action accrues and agree to jurisdiction of another Court only under completed contract - No contract pleaded - Jurisdiction not ousted - Part of cause of action arose at Aligarh - Held, Court at Aligarh has jurisdiction to try suit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 2, Rule 2 - - No prohibition for taking additional pleas by legal representatives regarding res judicata, suit being barred by time or barred under Order 2 Rule 2, being pure questions of law - Law permits legal representatives to raise all contentions except those which were personal to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Whenever the plea of res judicata is raised, the Court has to investigate the facts in order to determine whether the requirements of S.11 of CPC have been fulfilled or not - Party concerned has to file copy of the pleadings of the earlier suit as also copy of the issues and the judgment so that the Court can see..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 12, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit without permission of Court - Precluded from instituting a fresh suit in respect of same cause of action - Plea of bar U.O.23.R.1(4) being a pure question of law affecting jurisdiction of Court, can be raised at any stage of suit or appeal unlike..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1997
Details

Criminal Procedure Code, 1973, Section 145, 146(1), 401 -- The mere pendency of the Civil suit about the same subject matter between the same parties or the orders of Civil Court of the type discussed above do not restrain the Criminal Court from exercising jurisdiction u/S.145 of Criminal Procedure Code...........

GUJARAT HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of any portion of claim to bring suit within jurisdiction of any Court - Held, claim is to be relinquished before institution of suit and this provision is not available after institution of suit...........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 9 -- Suit for declaration that plaintiff belongs to a Scheduled Tribe - Held, jurisdiction of Civil Court to take cognizance and give a declaration that plaintiff belongs to a `Scheduled Tribe' stands prohibited by necessary implication...........

Showing : 621-630 of 790 Results