Showing : 91-100 of 188 Results

KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Description of property in dispute in both the suits different - Plea that there is change of khasra and khatauni numbers which are duly explained - Held, at the stage of deciding application u/s 10 CPC there is no evidence or document on record to prove the plea - Plea..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Suit property and parties in both suits different - Even relief claimed in both suits different - Relief claimed in the second suit not the subject matter of first suit - Dismissal of application - Order upheld...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10-- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 10-- Civil and criminal case - Stay of civil suit during pendency of criminal case - Plea of disclosing defence - Defence already disclosed as written statement filed - Directions given to criminal Court to dispose of criminal case within three months without fail and civil court directed to postpone..........
KERALA HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 10, 11-- 'Matter in issue' occurring in Ss.10 & 11 of CPC can be adopted to interpret 'same matter in issue' occurring in S.14 of Limitation Act - When considering applicability of S.14, relief claimed in two proceedings may not always be decisive...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - A new party added in the subsequent suit - Does not oust the application of S.10 CPC on the ground that all the parties in the subsequent suit are not the same as in the earlier suit, when the dispute in both the suits pertains to the same dispute which is a subject..........
ORISSA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Where S.10 CPC has no application, in appropriate cases the Court could exercise its inherent jurisdiction u/s 151 CPC for ends of justice...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Second suit involved different issues as compared to the first suit - Second suit not entirely identical to the first suit - All the findings recorded in the second suit would not operate as res judicata in the first suit - Application dismissed - Order upheld...........

Showing : 91-100 of 188 Results