Showing : 211-220 of 672 Results

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..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff clearly stated in plaint that defendant No.2 is the holding company of plaintiff No.1 company and defendant Nos.3 to 17 are the directors of both defendant Nos.1 and 2 - It is the allegation of plaintiff that these defendants controlled the affairs of two companies..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20-- Explanation, Clauses(a)(c) - Institution of suit - Territorial jurisdiction - Choice of forum - Held, S.20 CPC stipulates guidelines for choosing forum for institution of a suit - A suit can be instituted in Court within whose territorial jurisdiction defendant, or each of the defendants, reside..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14-- Return of plaint for presentation to proper Court - Power of appellate or revisional Court - Held, Court of appeal or revision may direct, after setting aside the decree passed in a suit, return of the plaint - Even if the Court had recorded findings on all issues including the issue of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11-- Letters Patent (Cal.) 1857, Cl.12 - Specific performance - Rejection of plaint - Place of performance of agreement was partly in "P" outside the jurisdiction of this Court - Held, suit could only have been instituted in this Court upon leave u/cl.12 of Letters Patent having been obtained since a..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Exercise of jurisdiction - Held, it is not every question of law that could be permitted to be raised in the second appeal - Under the proviso to S.100 (5) CPC the Court should be `satisfied' that the case involves a substantial question of law and not a mere question of law...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 33, Rule 1-- Permission to sue as an indigent person - Application not in proper form - Correction of mistake - Court in exercise of inherent jurisdiction u/s 151 CPC can allow a mistake or omission or error if it does not offend the specific provision in the Code or other laws - Order allowing correction of..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the local limits of the..........

Showing : 211-220 of 672 Results