Showing : 571-580 of 17645 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 141, Order 9, Rule 9-- Restoration of restoration application dismissed in default - Application U.O.9.R.9 CPC seeking restoration of restoration application dismissed in default is maintainable - Plea regarding no, maintainability of application thus, has no substance...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Where main relief is cognizable by Civil Court, suit would be cognizable by Civil Court only and ancillary reliefs, which could be granted by Revenue Court may also be granted by Civil Court...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property - Adjudication continues till the appeal or second appeal is finally disposed of and is not confined to the first tier...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property are appealable - O.21.R.58(2) is akin to S.47 CPC and a separate suit is barred in both cases...........

Showing : 571-580 of 17645 Results