Showing : 181-190 of 455 Results

KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 3A, Civil Procedure Code, 1908, Order 7, Rule 11-- Consent decree of divorce - Suit for declaration that consent decree is null and void - Consent decree of divorce cannot be challenged by filing a suit - Remedy is open to respondent to file an application in the same suit in which compromise was recorded U.O.23.R.3-A CPC - Plaint rejected...........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Suit for declaration that decree passed in earlier suit being without jurisdiction is liable be set aside - Rejection of plaint sought on the ground that suit is barred by principle of res judicata - Issue of jurisdiction has to be raised at the earliest point of time -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 15A-- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration without seeking relief of possession - Defendant in possession of some of the portion of suit property - Suit barred by S.34 of Specific Relief Act - Suit rightly rejected - However, it is open for plaintiff to file fresh suit as provided U.O.7.R.13 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58-- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........

Showing : 181-190 of 455 Results