Showing : 181-190 of 914 Results

CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387-- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Issue of limitation is not a pure question of law but fact dependent - However, that alone is indeterminate about nature of Court's power U.O.7.R.11 CPC - Court has to be vigilant and is sentinel in ensuring that claims that should not be let into the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is only the averments in plaint which are the guiding factor for deciding application U.O.7.R.11 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Ex parte decree - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Doctrine applies only to finality of judgment of an earlier suit between same parties and in respect of same subject matter and not in respect of matter where issues..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9-- Local Commissioner - Plea that suit is barred by res judicata and that an application in a incompetent suit is not maintainable - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Held, Local Commissioner, in such a suit, can be appointed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2-- Preliminary issue - Issue of res judicata - Cannot be decided as preliminary issue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(c)-- Rejection of plaint - Deficient Court fee - Court as a guardian for State resources must ensure that appropriate Court fee is paid - If it is not properly valued, Court shall follow the procedure as prescribed U.O.7.R.11 CPC to direct the Court fee to be paid and reject the plaint if it is not..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11-- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was no..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1A)(ii), 9-- Res-judicata - Earlier divorce petition on the ground of cruelty, was dismissed - Subsequent divorce petition on the ground that there is no restitution of conjugal rights for a period of two years since passing of decree for restitution of conjugal rights and also on the ground of cruelty - Held,..........

Showing : 181-190 of 914 Results