Showing : 1-10 of 441 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Presidency Small Cause Courts Act, 1882, Section 41, Civil Procedure Code, 1908, Section 9-- Dispute between landlord and tenant - Jurisdiction of civil Court - Whether it is suit between licensor and licensee or between landlord and tenant, such types of suits fall u/s 41 of Small Causes Courts Act - Civil Court thus, has no jurisdiction over such cases...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Constitution of India, 1950, Article 342-- Suit for declaration that plaintiff belongs to Scheduled Tribe Community - Suit is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92-- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between Society and its employees, being referable to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)-- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Agricultural land - Determination of shares - Civil Court not competent to decide the question of shares in agricultural land - Therefore, any compromise decree arrived at before civil Court for the purposes of determining shares of parties in agricultural land is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331-- Jurisdiction of civil Court - Suit for permanent injunction and mandatory injunction - - If suit for permanent injunction and mandatory injunction along with ancillary relief of possession was filed before civil Court, civil Court had right to entertain said suit u/s 9 of the Act - Moreover, issue..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Dissolution of Muslim Marriages Act, 1939, Section 2-- Jurisdiction of civil Court - Grant of relief of maintenance and relief in respect to matrimonial property - Suit for dissolution of marriage - Civil Court has jurisdiction to grant relief of maintenance and relief in respect to matrimonial property, as those reliefs are incidental to main relief..........

Showing : 1-10 of 441 Results