Showing : 21-30 of 431 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Validity of acquisition - Civil Court has no jurisdiction to go into question of validity u/ss 4 and declaration u/s 6 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Question with regard to validity of a Trade mark - Not to be decided by Civil Court and is required to be decided by Registrar or High Court under Trade and Merchandise Marks Act or by Registrar or Intellectual Property Appellate Board (IPAB) under Trade Marks Act -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Adjudication on titles must follow the recourse to ordinary civil jurisdiction of a Court of competent jurisdiction u/s 9 CPC - To allow administrative authorities of State including Collector to adjudicate upon matters of title involving civil disputes would be..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Guardians and Wards Act, 1890, Section 7, 9, 11, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a)-- Rejection of plaint - Custody petition - Petition by wife - Both husband and wife acquired USA citizenship - Even, marriage of parties took place first in USA and first child of parties was born in USA - Simply because marital discord took place between parties later on, which made wife flee from..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 3, 4, 8, 9-- Dismissal in default - Fresh suit - If suit is dismissed in default U.O.9.R.3 CPC then fresh suit is permissible as provided in O.9.R.4 CPC - However, in case suit is dismissed in default U.O.9.R.8 CPC then fresh suit is barred as provided U.O.9.R.9 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8-- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is hardly distance of..........

Showing : 21-30 of 431 Results