Showing : 1-10 of 16929 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit clearly barred by law of limitation - Plaint rejected...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred by limitation - Plaintiff by clever drafting tried to bring suit within period of limitation, which otherwise is barred by law of limitation - Suit clearly barred by law of limitation - Plaint is required to be rejected U.O.7.R.11 CPC...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Formal defect - Expression "sufficient grounds" occurring in O.23.R.1(3)(b) cannot be restricted to defects of a formal character - Words are wide enough to take within its sweep other defects as well...........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Petition under the Act can be filed on any one of the statutory grounds even when cause of action on various grounds is available - Ground being within the absolute wisdom of the parties, he or she is not bound to explain the reason for his choice to anyone including the matrimonial Court - If he..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2-- Dissolution of marriage - Applicability of bar of O.2.R.2 of CPC - Bar under O.2.R.2 of the Code seldom apply to an action for dissolution of marriage unlike actions arising out of disputes between spouses relating to money and property claims...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the..........

Showing : 1-10 of 16929 Results