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Results of maintainable

Showing : 1151-1160 of 3000 Results

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2011
Details

J&K Arbitration and Conciliation Act, 1997, Section 37(3), Civil Procedure Code, 1908, Section 100(1) -- Order passed by District Judge while hearing appeal under S.37 - Second appeal against said order - Not maintainable in view of S.37(3) of Act...........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Maintainability of - Held, it is trite law that attorney holder is the agent of grantor and when he is authorised by grantor to initiate legal proceedings, he does so as the agent of grantor and initiation of proceeding is by grantor represented by his attorney..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 38 -- Injunction - Possession claimed under agreement to sell - Simpliciter suit for injunction not maintainable without seeking remedy of specific performance as suit for mere injunction does not lie against the true owner...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plaintiffs were always ready to perform their part of contract and entitled for decree for specific performance - Does not raise a question of law - Second appeal not maintainable...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Security for protection of property - Application U.O.38.R.5 for security for protection of property - Petitioner again moved an application stating that since no guarantee or security has been paid by respondents, the property of respondents be attached - Prior to the filing of aforesaid application respondents had already..........

ORISSA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal heirs - Writ petitions were filed against orders passed in suit rejecting an application for appointment of a Civil Court Commissioner and rejecting an application U.O.6.R.17 CPC as civil revisions against those orders were not maintainable - Legal heirs of sole deceased plaintiff were allowed to be..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheques - Interim injunction - Maintainability of compliant u/s 138 of NI Act - 1st respondent issued notice to petitioner demanding to pay the cheque amount - Petitioner issued reply notice and thereafter he filed O.P. and obtained interim injunction against 1st respondent preventing..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Motor Vehicles Act, 1988, Section 163A -- Accident - Deceased, borrower of vehicle - Borrower steps into the shoes of he owner - Once borrower would be treated as owner of vehicle, claim petition u/s 163-A of the Act would not be maintainable - Person cannot be both, claimant as also tort-feasor liable to pay compensation...........

DELHI HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Delhi Land Reforms Act, 1954, Section 185 -- Land to which DLR Act is applicable - Jurisdiction of Civil Court - Held, no suit for ejectment and/or possession in respect of land to which DLR Act is applicable, is maintainable before Civil Court, as the remedy lies before the `Revenue Assistant' in this regard -..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 9, Order 9, Rule 13 -- Separate suit to set aside ex parte decree on the allegation of fraud - Not maintainable at the instance of a person who was party to the said ex parte decree - The only remedy available is to file an application to set aside ex parte decree and further remedy in the form of appeal or revision - Remedy of filing..........

Showing : 1151-1160 of 3000 Results