Showing : 51-60 of 442 Results

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...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Direction to submit report as regards possession and user of land - Held, this amounts to collection of evidence which is not the object of the provision regarding appointment of Court Commissioner, as contained in O.26.R.9 CPC...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, 47, 11-- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Suit for recovery of rental compensation - Land of respondents acquired under Land Acquisition Act - Claim of rental compensation was not relatable to said Act - Dispute in respect of payment of rental compensation arise on the basis of resolutions passed by..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Survey knowing Commissioner - Can be made at any stage of suit provided pre-conditions enumerated in O.26.R.9 CPC exist - Power of Court to appoint Commissioner cannot be cabined, cribbed or confined...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15-- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing with issuance of..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Court also did not made effort for settlement of dispute, which is mandatory requirement of S.9 Family Courts Act and..........

Showing : 51-60 of 442 Results