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Results of civil procedure code 2

Showing : 771-780 of 2799 Results

PATNA HIGH COURT

Year of decision: 2012
Details

Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Application for - Expeditious disposal of - Petitioner sought direction that his application for grant of interim injunction may be disposed of expeditiously as defendant is threatening to take over possession of property in collusion with some property dealers - Notice has been served upon defendant..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Pronouncement of judgment - Duty of court - Held, U.O.14.R.2 of CPC court is required to pronounce judgment on all issues even if case may be disposed of on a preliminary issue - Court would have been precluded from deciding other issues only if question of limitation had been decided as a preliminary issue and in favour of..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 122, Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 2 -- Madras High Court - Territorial jurisdiction - Suit for recovery of amount due on mortgage, in respect of the property situated outside the jurisdiction of Madras High Court - Held, suit cannot be classified as a suit for land and hence it is maintainable on the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 2, Rule 1 -- Absence of issue - Recording of finding - Permissibility - Held, once parties are aware of pleadings and there is evidence on record Court can decide and record a finding on same without there being a specific issue...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........

DELHI HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 20, Order 14, Rule 2 -- Territorial jurisdiction - Issue as to - Application to treat issue of territorial jurisdiction as preliminary issue - A specific statement has been made by plaintiff in Para 11 of the plaint coupled with the fact that matter is almost at final stage and plaintiff has to prove jurisdiction as per averments made in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 13(2)(v), Order 6, Rule 1, 2 - - Eviction petition - Tenant - Ceased to occupy - Held, requirement of law is that a tenant, who ceased to occupy demised premises continuously for a period of 4 months without any reasonable cause, can be ordered to be evicted - Since tenant has failed to aver in written statement that he had to leave..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 12 -- Eviction - Default of rent - Primary relief sought in respect of eviction on the ground of default of rent - Relief in respect of unauthorized occupant is an ancillary relief - Held, ancillary relief can be granted where composite cause of action arises - Provincial Small Cause..........

Showing : 771-780 of 2799 Results