Showing : 81-90 of 442 Results

ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Appeal - Order refusing to grant interim injunction passed u/s 9 of Arbitration and Conciliation Act - Appeal not maintainable U.O.43.R.1(r) CPC, as order refusing to grant interim injunction can only be considered u/s 9 of Arbitration and Conciliation Act, even though an application U.O.39.Rr.1,2..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Exclusive jurisdiction of civil Court - Issue of adoption and inheritance rights - Can be decided exclusively by Civil Court and indeed outside the jurisdictional sweep of revenue authorities...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication/subsequent pleadings - Leave of Court - Delay - An application U.O.8.R.9 CPC cannot be dismissed merely on the ground of delay...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11-- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was no..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent events - Issues yet..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Dispute regarding ownership of agricultural land - Civil Court has no jurisdiction where disputed property is agricultural land and only Revenue Court has jurisdiction to decide title and ownership - When dispute relating to agricultural land comes under consolidation..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to incorporate an alternative relief of recovery of certain sums paid by plaintiff to defendant in a suit for specific performance - Defendant objected that since there was no reference at all in original plaint about payment of any sum, hence amendment ought..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Suit not pressed - Where a suit is dismissed on account of clear admission that suit was `not pressed', such a dismissal cannot be categorized as one U.O.9.R.8 CPC and therefore, an application U.O.9.R.9 CPC is not maintainable as against dismissal of suit...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Dismissal of suit for absence of plaintiff and for want of evidence - Is dismissal in default as contemplated U.O.9.R.8 CPC - Plaintiff can seek restoration of suit U.O.9.R.9 CPC for setting aside dismissal on fulfilment of conditions as laid down..........

Showing : 81-90 of 442 Results