Showing : 81-90 of 1879 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff payable to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the..........

Showing : 81-90 of 1879 Results