Showing : 571-580 of 20115 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 9-- Kerala Civil Rules of Practice, 1971, R.185 - Withdrawal of attachment - Conjoint reading of O.38.R.9 CPC and R.185 of Kerala Civil Rules Practice, 1971 makes it crystal clear that communication to registering authority shall be made with due application of mind, without delay, otherwise it would..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Dispossession on the basis of decree - Decree set aside - Person dispossessed from the property can restore his possession by seeking restitution of possession u/s 144 CPC - When such person is exercising his right provided under the statute, J.D. or any person claiming right through..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction order - Such order is..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Court Fees Act, 1870, Section 12-- Issue of payment Court-fees - Is a part of decree - As plaintiffs have not filed application U.O.41.R.5 CPC for stay of judgment and decree and the said part of decree has not been stayed by first appellate Court hence, same is executable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(2), Order 7, Rule 11-- Application U.O.7.R.11 r/w S.107 CPC - If suit can be dismissed or rejected U.O.7.R.11 CPC, then appeal which is in continuation of the suit can also be decided or rejected U.O.7.R.11 CPC specially on the issue of Court-fees and valuation of appeal as provisions of CPC which are applicable to the..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19-- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........

Showing : 571-580 of 20115 Results