Showing : 51-60 of 136 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 24, 5-- Suit for declaration and permanent injunction - Suit dismissed - Appellate court remitted the case back to the trial court on the ground that trial court decided issue No.1 in six lines and issue No.6 in just nine lines - Held, if there is a sufficient evidence on record, then it was for the first..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 14, Rule 2- - Framing of issues - Decision thereon - Suit for declaration and permanent injunction - Multiple issues framed by trial Court including issue regarding no, joinder of necessary parties - Trial Court disposed of suit on a preliminary issue in regard to no, joinder of necessary parties - Legality -..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Exparte injunction - Appeal against - Appellant contended that the plaintiff took forcible possession - Plea based on certain documents which were not part of record of the trial Court - Appeal dismissed - Liberty given to appellant to file appropriate objections alongwith documents before the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 9-- Plaint - Amendment - To implead a necessary party and seeking relief of mandatory injunction against him - Objection raised by defendant in his written statement as to non joining of necessary party - To remove that objection plaintiff sought the amendment - Amendment application cannot be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit - At appellate stage - Suit dismissed by holding that mere suit for injunction is not maintainable as the plaintiff was also required to seek declaration as well - Held, dismissal of suit by holding the suit is not maintainable for want of seeking another prayer is a formal..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - At appellate stage - Defendant raised construction during pendency of suit - Relief of mandatory injunction sought - Earlier similar application was filed in trial Court which was dismissed and that order was not assailed independently - Application for amendment filed in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Previous suit for permanent injunction and subsequent suit for possession - If during pendency of earlier suit or after dismissal thereof, defendant has taken possession then suit for possession is not barred by resjudicata - Earlier suit dismissed U.O.17.R.3 CPC - Suit for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Constitution of India, 1950, Article 227-- Ad interim injunction - Breach of - Revisional jurisdiction - Exercise of - Civil suit in which ad interim injunction was granted in favour of petitioner itself has been dismissed - Held, jurisdiction u/Art. 227 of the Constitution of India Can not be invoked...........

Showing : 51-60 of 136 Results