Showing : 581-590 of 2022 Results

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..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21-- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in favour of plaintiffs as they..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted..........
KARNATKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for injunction filed when cause of action for claiming relief of specific performance was available - Suit for specific performance filed subsequently - Held, suit for specific performance is barred U.O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11-- Violation of ad interim injunction - Application U.O.39.R.2-A for implementation of order of injunction and compensation for suffering damages of Rs.72 lacs, by attaching and selling property - Application in no way can be treated as suit for damages - No Court fee can be ordered on application on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too..........

Showing : 581-590 of 2022 Results