Showing : 81-90 of 514 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9-- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between parties - Such..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 9-- Rejection of application U.O.22.R.9 CPC by an appellate Court (not being High Court) - Order is appealable before High Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, 34, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Jurisdiction of Civil Court - Barred in respect of any matter which falls under SARFAESI Act in view of S.34 of said Act...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4-- Jurisdiction - Jurisdiction of civil court is barred to challenge the notification u/s 4 of Land Acquisition Act and no declaration or permanent injunction can be granted - Only right available for person aggrieved is to approach High Court u/art 226 of Constitution...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Civil suit - Maintainability - When no statue bars the suit then its maintainability requires no authority of law and every person has an inherent right to bring a suit of civil nature at one's own risk - If claim is frivolous, then law will take its own course but until and unless a suit is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Civil suit - Each and every case has two elements: (i) maintainability; and (ii) Justiciability - Before entering into justiciability, it has to be decided whether lis is maintainable or not - Thereafter a Court ventures into adjudication of case on merit which is known as "justiciability"- When..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2)-- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed..........

Showing : 81-90 of 514 Results