Showing : 231-240 of 534 Results

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...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Encroachment of public property - Private person filing suit for mandatory injunction - Failure of State Govt. to act in accordance with law - Suit against State Government and other parties - Held, suit is maintainable...........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 18, Rule 17, 17-A-- Recall of witness for cross examination - Witness appeared 9 times for his cross examination - Application disallowed - Held, there cannot be more unjust situation and travesty of justice if in a small suit for recovery witness has to appear nine times for his cross examination...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- O.9.R.9 CPC precludes a second suit in respect of the same cause of action where the first suit is dismissed for default of appearance of the plaintiff...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- Earlier suit dismissed in default U.O.9.R.8 CPC - Second suit on same cause of action but changing valuation of relief of declaration - Plea that earlier suit was dismissed by Trial Court committing an error in dismissing the suit U.O.9.R.8 CPC as such plaintiff is entitled to bring a fresh suit -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9-- Transfer of petition filed u/s 9 of Hindu Marriage Act from Faridabad to Ludhiana where wife resides with her parents - It will be difficult for the wife to defend the petition at Faridabad - Held, convenience of wife has to be preferred in such case - Case transferred to Court at Ludhiana...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13-- Suit for permanent injunction restraining Gram Panchayat from interfering in peaceful possession of plaintiff - Plaintiff in established possession and also constructed a house in the suit property - Title not to be decided in a suit for permanent injunction - Jurisdiction of civil Court not..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 9-- Hire purchase agreement - Hypothecation of vehicle - Seizure of vehicle illegally - Suit for damages - Seizure even if permitted under the terms of agreement, it can be done only lawfully and not otherwise - Illegal seizure of vehicle, which is opposed to public policy, over and above giving rise..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction - Cannot be decided only on the basis of reliefs claimed in the suit - Averments in plaint disclosing cause of action and reliefs sought for therein must be considered in their entirety...........

Showing : 231-240 of 534 Results