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MADHYA PRADESH HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Enquiry as to whether civil court is entitled to entertain and try a suit has to be made by keeping in mind provision of S.9 CPC and relevant enactment which bars a suit...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - S.47, CPC, being one of the most important provisions relating to execution of decrees, mandates that an executing court shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree and that such..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Deciding a case without first adjudicating on its competence to decide such controversy, amounts to decision rendered on an illegal and erroneous assumption of jurisdiction and can be assailed as lacking of inherent jurisdiction and treated as a nullity in the eye of law - Decree drawn up based thereon is..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Mere failure or neglect of a defendant to file written statement, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........

Showing : 1-10 of 26909 Results