Showing : 191-200 of 442 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-Second Proviso - Mere knowledge of pendency of suit is not sufficient to attract second proviso to O.9.R.9 CPC - It is the knowledge of date of hearing of the suit, which is essential for applicability of the said provision...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Service - Dismissal from service in absence of departmental enquiry as contemplated in Standing orders - Civil suit - Jurisdiction - If the infringement of Standing Orders is alleged, civil Court's jurisdiction is barred but if suit is based on violation of principles of common law or..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33-- Restitution of conjugal rights - Decree of - Even after passing of the decree, Court can issue a direction that decree shall be executed in the manner provided in O.21.R.33 CPC - Wilful disobedience is not a condition precedent for passing an order O.21.R.33(2) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Suit - Right of filing suit is an inherent right unless it is barred whereas right of appeal is a creature of statute - Statute may impose restrictions like limitation or pre-deposit of penalty or it may limit the area of appeal to questions of law or sometime to substantial questions of law...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Suit for possession - There is no relationship of landlord and tenant between plaintiff and defendant - Suit for recovery of possession is maintainable in civil Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Purpose of - Held, purpose of commissions to make local investigations stipulated U.O.26.R.9 of the Code is for the purpose of elucidating any matter in dispute etc. - However, in present case, parties were yet to enter into evidence - Had they led any evidence..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A-- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A-- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit barred by O.9.R.9 CPC - No relief whatsoever can be granted even when plaintiff is found to be entitled to the relief claimed...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Encroachment of public property - A private person can seek remedy for its removal, when his interest, direct or indirect, is involved - It cannot be said that it is entirely a matter for the State which is sought to be questioned in the suit...........

Showing : 191-200 of 442 Results