Showing : 191-200 of 521 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 9, 2(1)(3), 42, Civil Procedure Code, 1908, Section 20-- Interim Relief - Territorial jurisdiction - Parties by way of agreement decided that place of arbitration would be State of Orissa - However application u/s.9 of Arbitration Act, filed in Court at Hyderabad - Held only courts in State of Orissa would be vested with territorial jurisdiction to..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4-- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9, 41(a)- - Restraining the respondent from initiating or proceeding with any legal proceeding in the United States of America or in any forum other than this Court - Anti suit injunctions should not ordinarily be granted in view of S.41(a) and (b) of the Specific Relief Act 1963...........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - On the basis of judgment in another suit - Permissibility - Held, any addition on the basis of a judgment in another suit, may be on the same issue, as to whether defendant No.9 was a major or not on the relevant date, cannot be allowed since second appeal is still pending and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9, Haryana Urban Development Authority Act, 1977, Section 50, 55-- Civil Court - Jurisdiction - Show cause notice proposing action u/s 55 of the Act - Held, could not be challenged in Civil Court in view of categorical and mandatory provision of S.50 of the Act, which specifically bars questioning of any notice issued under the Act by way of any suit or other..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9, Order 37, Rule 2-- Summary suit against company and its manager seeking joint and several relief - On the strength of contract relief in summary suit could have been asked only against the company - If the decree is envisaged only against the company, it cannot be viewed as joint and several...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal of suit for default - Second suit on same cause - Bar as to - Plea that suit was barred U.O.9.R.9 CPC raised in second appeal - Contention of plaintiff that suit was dismissed for non appearance of both parties - Held, question whether suit was dismissed due to default of both sides or..........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Claim for compensation - Consignment delivered to an authorised person without original railways receipt, but on Indemnity Bond/Note which was inadmissible - Held, it amounts to non-delivery of goods - Claim sought against Railways - Held, Railways Claim Tribunal has jurisdiction to adjudicate..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........

Showing : 191-200 of 521 Results