Showing : 1991-2000 of 2773 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Money decree - Execution - Attachment of joint property - If the co-owner of property is neither a debtor nor a guarantor then his share in the property cannot be attached merely because that co-owner happens to be the wife of J.D. or a partner in business...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- In earlier suit title upheld but prayer for injunction rejected as possession was not found - Subsequent suit for recovery of possession with mesne profits - Held, cause of action in both the suit is different - Second suit is not barred U.O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- All reliefs arising out of the same cause of action must be availed in the same suit - Second suit based on the same cause of action on which earlier suit was based is barred...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata & Principle underlying O.2.R.2 CPC - Distinction - The former places emphasis on the plaintiff's duty to exhaust all available grounds in support of his claim, while the latter requires the plaintiff to claim all reliefs emanating from the same cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- `Cause of action' - Meaning - The expression means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact which is necessary to be proved, as distinguished from every piece of evidence which is..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Complete or even substantial and sufficient similarly of the issues arising for decision in two suits enables the two suits being consolidated for trial and decision...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Consolidation of suits-- CPC does not specifically speak of consolidation of suits but the same can be done under inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of Court - Consolidation of suits saves the parties from multiplicity of proceedings, delay..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Main relief in plaint relating to continuance of tenancy under trust - Other reliefs claimed regarding enquiry into affairs of trust - Rejection of plaint on ground that Civil Court has no jurisdiction - Order set aside - Adjudication in suit to be restricted to question of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Order passed by Court when found at the end not sustainable then a party gaining advantage which it would not have otherwise earned or the other party has suffered impoverishment which it would not have suffered but for the order of the Court then successful party is entitled to be..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Lis pendens transferee - Not brought on record - Has right to file application to set aside exparte decree passed against his transferor, the defendant in the suit...........

Showing : 1991-2000 of 2773 Results