Showing : 1971-1980 of 2916 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116-- Res judicata, waiver & estoppel - Issue of fact once determined finally by a Court of competent jurisdiction when comes directly in question in subsequent proceedings between the same parties then the persons cannot be allowed to raise the same question which already stands determined earlier by..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116-- An issue, already settled in a suit between the same parties in respect of certain subject matter, cannot be allowed to be raised again between the very same parties in regard to the same subject matter, but in a different suit...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116-- Issue of interpolation/forgery in agreement - Undertaking and acceptance not to raise issue of interpolation - Respondent is precluded from raising the same issue of interpolation/forgery in agreement, in another suit, between the same parties and when in both suits main issue is substantially and..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Representation of the Peoples Act, 1951, Section 87, 86-- Election petition - High Court has power to fix a date for filing written statement which power includes to fix a date not merely once but again and again depending on the discretion of the High Court - This power of High Court is not controlled by O.8.R.1 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Proviso, Representation of the People Act, 1951, Sections 87 & 86 - Election petition - High Court has power to fix a date for filing written statement which power includes to fix a date not merely once but again and again depending on the discretion of the High Court - This power of High Court is..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 25-- Matrimonial dispute - Divorce petition filed by husband at Mumbai - Criminal case filed by wife at Etawah, Uttar Pradesh - Both parties seeking transfer of cases - Wife to look after a small child - Transfer petition filed by husband dismissed - Divorce petition filed by husband ordered to be..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Clause in agreement that dispute under the contract shall be decided by Court at Bombay and by no other Court - Decision of trial Court that Court at Calcutta has no jurisdiction to try the suit, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no..........

Showing : 1971-1980 of 2916 Results