Showing : 411-420 of 17209 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Admissibility of document - Objection as to - Once document is received in evidence, without any objection about its admissibility, no further argument can be advanced on admissibility...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Dissolution of Muslim Marriages Act, 1939, Section 2-- Jurisdiction of civil Court - Grant of relief of maintenance and relief in respect to matrimonial property - Suit for dissolution of marriage - Civil Court has jurisdiction to grant relief of maintenance and relief in respect to matrimonial property, as those reliefs are incidental to main relief..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Objection as to jurisdiction of trial Court - Objection not raised either before trial Court or even in First Appellate Court - Said objection cannot be raised for the first time in second appeal - Objection rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9-- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Discretion to allow or to reject additional evidence could be judicially exercised only at the stage of finally considering the appeal - It is not to be considered prior to appreciation of evidence on record...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A-- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A-- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A-- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........

Showing : 411-420 of 17209 Results