Showing : 51-60 of 527 Results

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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Challenge to order passed by Consolidation Officer alleged to be fraudulent and collusive - Civil Court has jurisdiction when order passed by authorities under the special law contravenes (a) Principles of natural justice; (b) against the statute; (c) without..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83-- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 51, 53-- Jurisdiction of civil Court - Matters falling u/ss 51, 53 of Wakf Act are required to be decided by Tribunal and hence jurisdiction of Civil Court to decide such matters is barred by virtue of S.83 of Wakf Act...........
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...........

Showing : 51-60 of 527 Results