Showing : 361-370 of 20115 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41-- Second appeal - Substantial question of law - Framing of substantial question of law in second appeal is not mandatory so far as State of Punjab is concerned since Punjab Act would be applicable for State of Punjab - S.100 CPC would not hold the field having supervening effect...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Discussion or consideration of evidence on record to decide question of law - It cannot be said that it is a reappreciation of entire evidence on record...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second wife not made party in..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 25- - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Prayer of plaintiff to withdraw the suit with liberty to file afresh cannot be split up - Court shall either refuse both the prayers or allow as a whole...........

Showing : 361-370 of 20115 Results