Showing : 1-10 of 36 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Notice issued to Chief Secretary of State - Suit instituted against State represented by its Chief Secretary - Collector even if necessary party and not arrayed as a party, the same is not per se a ground to return plaint...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 340-- Inquiry u/s 340 Cr.P.C. - Notice to opposite party - It is not necessary to give notice to person against whom Court wants to proceed while exercising powers u/s 340 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 80-- Suit against Government - Issuance of notice - State Government handing over suit land to telephone exchange - However, notice u/s 80 CPC not issued to telephone exchange despite being necessary party - Notice u/s 80 CPC being sine qua non for maintaining suit and since no notice is issued to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2)..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Constitution of India, 1950, Article 227-- Impleading a party - Application rejected by trial Court - Writ petition filed U/Art. 227 of the Constitution - In the writ petition, a notice must be issued to the proposed party as in case writ petition is accepted and it is held that proposed party is a necessary party, opportunity to file..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Demolition notice by Municipality on the ground that building is unsafe - Tenant challenged the notice issued by Municipality - Applicant being landlord is proper as well as necessary party to the suit as his vital interest is also involved in the result of suit - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value..........
DELHI HIGH COURT
Year of decision: 2013
Details
Suit for possession -- Licensee - Respondent put in possession as licensee being an employee of sister concern - Sister concern not a necessary and proper party - Legal notice dated 29th May, 2007, issued terminating licence - Respondent has no right to retain possession of suit property - Status of respondent was that..........

Showing : 1-10 of 36 Results