Showing : 111-120 of 178 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 80-- Suit against Govt. without notice u/s 80(1) - Leave to file suit without prior notice refused by Trial Court - Plaint returned - On refusal of leave the question of institution of suit does not arise, accordingly no interim relief can be granted at that stage...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing..........
PUNJAB AND HARYAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Interim orders-- A relief which can be granted only at the final hearing of the matter, should not ordinarily be granted by way of an interim order...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Notice - Service of - Exemption - Leave of Court - Suit against Govt. or a public officer - Service of notice is imperative except where urgent and immediate relief is to be granted by the Court, but with the leave of the Court - Leave of Court is the condition precedent - Leave must precede the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2006
Details
Punjab Land Record Manual-- Para 7.29 - Rectification of clerical mistake in record of rights by Farad Badar - Patwari proposed correction of share in Jamabandi - Approved by higher Authorities - Challenged on ground of competence of Revenue Officer to effect change - `Correctness of the share' by way of Farad Badar not..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Service-- Date of birth - Correction - Not to be allowed by keeping in view only the public servant concerned - Should only be allowed when evidence is conclusive in nature and when there is real injustice to the person concerned and that too if claim is made within time fixed by any rule or order and in..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 16-- Agreement to sell - Suit for specific performance - Agreement dated 10.3.1989 and suit filed on 15.9.1995 - Prior to plaintiff's suit, a suit for specific performance filed by third person against defendant - Court granted interim stay in that suit - Agreement in question stipulated that sale deed..........

Showing : 111-120 of 178 Results