Showing : 421-430 of 5240 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Mohammadan Law/Mohammedan Law-- Suit for restitution of conjugal rights by husband - Where Muslim husband not treated his wife in accordance of Holy Quran, it leads to conclusion that he has disentitled himself to a decree of restitution of conjugal rights...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Mohammadan Law/Mohammedan Law-- Suit for restitution of conjugal rights by husband - Husband contracted second marriage during pendency of suit - Conduct of husband is not bonafide - Wife is thus, reasonable and justified in staying away from her husband - Though Muslim husband has a right to contract marriage more than once,..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Possession-- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit..........

Showing : 421-430 of 5240 Results