Showing : 411-420 of 1463 Results

MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d)-- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 219, 220, 223-- Joint trial - Consolidation of 8 cases - Once the application for consolidation of cases was dismissed followed by order of High Court, fresh application was not maintainable - Moreover, trial in few cases has advanced and majority of the witnesses have already been examined, thus at this stage..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 26-- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, 340-- Sanction for prosecution - Complaint u/s 340 Cr.P.C. - Prosecution miserably failed to show that there is reasonable connection between the act complained of and discharge of official duty by appellants - Complaint held not maintainable in view of provision of S.197 Cr.P.C. in the absence of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Plea of adverse possession is available only to defendant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - In an earlier petition custody of minor child given to appellant - Exclusive custody of minor child claimed by respondent by filing a separate suit - Core issue is whether a separate petition for variation of order of custody of child is maintainable or an application in the..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11-- Plaint - Amendment - Once suit is time barred application for amendment is not maintainable - Application dismissed - Plaint rejected...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Objections - Application U.0.21.R.99 CPC filed by petitioner dismissed summarily being barred by res judicata - Order passed thereon would not be decree within meaning of O.21.R.103 CPC as issues have not been adjudicated as envisaged U.O.21.R.101 CPC - Revision therefore is..........

Showing : 411-420 of 1463 Results