Showing : 541-550 of 19099 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44, Rule 1, 3-- Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal as an indigent person - Appellate Court to hold inquiry as contemplated U.O.44.R.3(2) of the Code and to pass appropriate orders...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 5-- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, 21-- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 80(1)-- Notice u/s 80 CPC - Notice issued to Chief Secretary of State - Same is substantial compliance of S.80(1) CPC...........

Showing : 541-550 of 19099 Results