Showing : 201-210 of 640 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Proper and necessary party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a `necessary party' is not impleaded, the suit itself is liable to be dismissed - A..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Pleader Commissioner - Discretionary power of Court - Held, jurisdiction U.O.26.R.9 CPC is discretionary jurisdiction and in all cases Court is not bound to order in routine manner for appointment of commissioner on prayer of one party unless Court thinks it proper for purpose of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11, Contempt of Courts Act, 1971, Section 10-- Injunction - Breach of - Whether trial Court had jurisdiction to entertain an application U.O.39.R.2A of CPC and proceed with the same when subsequently such order of injunction which was alleged to be violated is set aside and even the suit stayed? - Held, existence of power u/s 10 of Contempt of..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Contract for supply of goods - Recovery of money - Printed Tax-invoices regarding supply of goods contains a note printed on it at the bottom "subject to Agra jurisdiction only" - It is disputed that this condition though printed on invoice was not subject-matter of any..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of parties - Judicial discretion - Held, question of addition of parties U.O.1.R.10(2) CPC is generally not one of initial jurisdiction of court - It is of a judicial discretion which has to be exercised in view of all the facts and circumstances of each case - What is to be seen is that..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 19-- Person residing out side local jurisdiction - Recording of evidence thereof - Held, U.O.16.R.19 CPC no one shall be ordered to attend a Court in person to give evidence unless he resides within the local limits of the Court's original jurisdiction - Under proviso to R.4 of O.26 whereunder Rule 19..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Court in exercise of jurisdiction U.O.39.Rr.1, 2 r/w S.151 CPC can grant an order of mandatory injunction to strike the balance between the parties and to avoid an irreparable loss being caused to either of the parties...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(e)-- Res judicata - Conditions essential for applicability of : (1) That the parties are same or litigating under the same title; (2) That the matter directly and substantially in issue has been directly and substantially in issue in a former suit; (3) That the matter in issue has been finally decided..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 24, 26-- Partition suit - Transfer of - S.24 CPC cannot be pressed into service to transfer the suit to a Court, which does not have a semblance of jurisdiction, pecuniary, territorial, subject-matter, or otherwise - It is in rare cases, such as, where threat to life of one party or the other is strongly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100- - Second appeal - Occupancy tenants - Proof of - In all the entries appellants have been recorded to be as Gair Maurausi Avval and land is shown to be in possession of Gair Maurausi Doyam - Held, appellants have never been shown to be in cultivating possession of land in dispute on basis of which..........

Showing : 201-210 of 640 Results