Showing : 451-460 of 17124 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1-- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18-- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Suit filed by person of unsound mind through his next friend - Enquiry as to unsoundness of mind - Court not required to hold enquiry before permitting plaintiff to proceed with trial of case - Moreover, such enquiry relates to defendant and not plaintiff...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 2(2)-- Decree - Elements necessary to constitute an order a decree are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 92-- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, 35B, 2(2)-- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 35B, 2(2)-- Costs - Non payment - Right to further prosecute the suit or defence is lost - Suit cannot be dismissed for non payment of costs...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 92-- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
MANIPUR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent...........
MANIPUR HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Discovery of new facts - Review petition is bald without any particulars or details as to when document was discovered and circumstances under such discovery was made - It is also evident that petition suffers from inherent defect as certified copy of document has not been enclosed - This..........

Showing : 451-460 of 17124 Results