Showing : 101-110 of 215 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 140, 173-- Revision - Maintainability - Order granting compensation on the principle of `No Fault Liability" - Held, such order constitutes award so appealable u/s 173 of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Maintainability of suit has to be evaluated on the basis of pleadings of the plaintiff without anything more - A bare look at the pleadings indicate that pleadings as made did not occasion the dismissal of the suit - Plea that transaction in 1960 was contrary to S.23 of..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115-- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to remand..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Order obtained by fraud - Setting aside of - Application u/s 151 CPC - Maintainability - Held, an application u/s 151 of CPC can be moved to set-aside an order obtained by fraud practised upon Court or where Court is mislead by a party or Court itself commits a mistake which prejudices a party,..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 103, Specific Relief Act, 1963, Section 6(3)-- Decree for possession - Execution proceedings - Order passed therein - Appeal thereagainst - Maintainability - Held, an appeal against a decree or order passed in execution of a decree in a suit u/s 6(1) will be barred by S.6(3) of the Act - Therefore, if an appeal is not maintainable against the..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, 104, Order 43, Rule 1-- First appeal - Finding recorded by Court below challenged by appellants by way of filing first appeal - Maintainability - Held, finding recorded by trial Court neither a decree nor appealable order - Appeal not maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Maintainability - Held, if the first appeal was not maintainable, a second appeal would also not lie u/s 100 of CPC...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9-- Civil court - Jurisdiction - Dismissal from service - Declaratory suit for reinstatement in service filed by workmen - Maintainability of - Held, suit seeking reinstatement clearly barred and not maintainable - Respondents can raise an industrial dispute concerning their dismissal from service..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Motor Vehicles Act, 1988, Section 173-- Appeal - Amendment of claim petition - Maintainability - Decree in favour of petitioners as per claim - In appeal amendment of claim petition sought enhancing the compensation from Rs.1,00,000/- to Rs.2 lakhs - Held, there is no right of appeal against decree as they are not aggrieved by decree -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Declaratory suit - Plea of adverse possession by plaintiff - Maintainability of suit - Held, in absence of any statutory/recognition/provisions, authorizing plaintiffs to claim ownership by way of adverse possession, plea of adverse possession cannot possibly be used as a sword (weapon of attack)..........

Showing : 101-110 of 215 Results