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KARNATAKA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of both Courts below that plaintiffs are entitled for 2/3rd share in the disputed property - In plaint the extent mentioned either as 2.25 acres or 3.25 acres is immaterial in view of the fact that defendant himself has pleaded they have purchased 1/3rd share in the disputed property - Both..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Evidence Act, 1872, Section 138 -- Cross examination - By co-defendant - Witness produced by defendant who is supporting case of plaintiff - Held, other defendants have right to cross examine the witness...........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witnesses - Suit was instituted in the year 1989 - Petitioners moved an application to array them as parties intervenor, which was rejected, but the said order was allowed to be arrayed as defendant in the suit - Thereafter, application u/o 18.R.17 CPC was moved evidently after a long lapse of time and the same..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration of ownership - Restraining defendant from dispossessing plaintiff - Ejectment proceedings initiated by defendant against plaintiff - Shows possession of plaintiff - Injunction cannot be refused merely on the ground that ejectment proceedings u/s 163 of Himachal Pradesh Land Revenue Act are..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued that in the event of..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 9, Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 36A - - Jurisdiction of Civil Court - Suit based on title - Plaintiff having title over suit property - Defendant claiming ownership by way of adverse possession - No bar to entertain said suit u/s 9 CPC...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel after appearing on various dates when pleads `No instructions', fresh notice is not required to be issued to the defendant...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Recovery suit - Withdrawal of amount - Application for - Plea of constructive res judicata - No such plea of constructive res judicata has been raised in affidavit in reply filed by Defendant - Even otherwise principles of constructive res judicata deals with grounds of attack and defence which ought to have been..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Summary suit - Limitation - Under agreement dated 18th August, 2006, Defendant had agreed to pay the amount within 30 days from the date of said agreement - Period of 30 days expired on 17th September, 2006 - Suit was filed on 15th September, 2009 - Held, cause of action to file a suit would have commenced..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant is fatal to her case -..........

Showing : 2321-2330 of 5368 Results