Showing : 31-40 of 442 Results

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..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7-- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question relating to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 141-- Miscellaneous proceedings - Dismissal of application U.O.9.R.13 CPC in default - It is an order passed in miscellaneous proceedings, which is expressly included in S.141 explanation CPC - Even application U.O.9.R.9 CPC, for restoring application dismissed in default U.O.9.R.13 CPC is also a..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Scope - Where parties or any one of them failed to appear on an adjourned date of hearing, discretion is conferred upon Court U.O.17.R.2 CPC to choose any one of modes as provided U.O.9 CPC...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Title to agricultural land can only be determined by Revenue Court - Civil Court has no jurisdiction to determine the title of agricultural land - Even a suit for partition of agricultural land lies before revenue Court...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties..........

Showing : 31-40 of 442 Results