Showing : 431-440 of 17209 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - Order allowing or dismissing application for setting aside ex parte decree is not interlocutory order within ambit of S.19(1) of the Act and thus, it is appealable...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38-- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed encroachment upon..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Proceedings in application for setting aside ex parte decree is to be treated as independent, separate and distinct proceedings from original or main proceedings - Decision in such application either allowing or dismissing finally terminates proceedings in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit - Suit against Government - Non service of notice u/s 80 CPC - Amounts to formal defect - Suit can be withdrawn with liberty to file fresh suit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Denied on ground that Commissioner cannot be used for collecting evidence, as certain things can only be taken on record only after same being led by parties - Moreover, no purpose will be served for appointing commissioner at appellate stage - Recording of such..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Capability of person to adduce evidence by himself on disputed fact is not the test to decide whether he is necessary party or not...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Once it is established or Court is satisfied that party is necessary party to suit, it becomes question of law and said question can be raised for first time in appeal...........

Showing : 431-440 of 17209 Results