Showing : 141-150 of 534 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18-- Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred - Jurisdiction of civil Court is barred only when banks and financial institutions file application for recovery of debts due to such banks and financial institutions and not when private person files suit against..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, 9-- Res judicata - Proceedings initiated in Consumer Fora - Not a bar to civil suit even when parties are same, cause of action is same and relief claimed is same - Civil suit is not barred by principle of res judicata even when proceedings initiated in Consumer Fora attained finality...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9-- Suit for recovery of money based on negligence on the part of defendants - Suit is not maintainable without seeking relief of declaration regarding acts and omissions on the part of defendants...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, 20-- Jurisdiction - Decree passed by a Court having no jurisdiction is nullity - Such an issue can be raised at any stage of the proceedings - Acquiescence of a party cannot defeat the legislative animation as doctrine of waiver does not apply - Finding of a Court or Tribunal becomes irrelevant and..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 7, Rule 11-- Muslim - Restitution of conjugal rights - Petitioner a Muslim - No mention in petition that marriage was performed according to customs of Hindu religion or that petitioner converted to Hinduism - Act applies only to marriages that take place between parties, who profess Hinduism - Rejection of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for cancellation of sale deed - Plaintiff admitted to have obtained knowledge of sale deed in the year 1993 - Suit filed after a lapse of 9 years in the year 2002 - Suit should have been filed within three years - Plaint rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........

Showing : 141-150 of 534 Results