Showing : 41-50 of 431 Results

GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Survey Commissioner - Identification of decreetal property - Mistake of not mentioning Dag No.and Patta No.in decree is not in consonance with provisions of O.26.R.9 CPC, which ought not to be allowed to frustrate lawfully passed decree - Deficiencies in decree can be corrected by..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Eviction suit - Suit filed to claim eviction from any accommodation is a suit of "civil nature" - Civil Court is competent to take cognizance of such suit unless its jurisdiction is expressly or impliedly barred by virtue of any special enactment...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Existence of jurisdiction in civil Courts to decide questions of civil nature is a general rule whereas the exclusion is an exception - Burden is on the party who raises such a contention to prove such exclusion...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Industrial Housing Act, 1955, Section 13-- Jurisdiction of civil Court - S.13 of Act of 1955 only restricts the rights of worker/person in approaching the Courts to question the legality of action taken under the Act - Said provision does not oust jurisdiction of Civil Court to try eviction suit filed by employer under the Act...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126-- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is not presumed or inferred..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Application U.O.26.R.9 CPC, is not to be allowed at whims of parties - Satisfaction has to be that of Court and though said satisfaction of Court can also not be arbitrary, but then there has to be cogent material on record placed by applicant to satisfy Court that appointment of Local..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35-- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of S.34 Specific Relief Act enable the petitioner to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Dismissal in default - No other factor except sufficient cause for non appearance is relevant for consideration of application U.O.9.R.9 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Dismissal in default - Past conduct of a party may be relevant factor alongwith cause of absence for considering application U.O.9.R.9 CPC, but no, payment of cost imposed on past would not debar the party from moving restoration application or its consideration on merits...........

Showing : 41-50 of 431 Results