Showing : 1-10 of 25 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree is not..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed the basis of..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52-- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment of pendente..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 38, 39-- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1-- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by..........
KERALA HIGH COURT
Year of decision: 2016
Details
Family Courts Act, 1984, Section 8, Civil Procedure Code, 1908, Section 2(2), 38-- Decree - Jurisdiction - Decree may be executed either by the court which passed it or by the court to which it is sent for execution - Decree passed by Civil Court cannot be sent for execution to Family Court...........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........

Showing : 1-10 of 25 Results