Showing : 421-430 of 1385 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Wakf Act, 1995, Section 83(2)-- Suit for permanent injunction and alternative sought of declaration that sale deed is void - Application u/s 83 of Act - Dispute not covered u/ss 6 & 7 and under any other provision of Wakf Act - Suit held not maintainable before Tribunal nor Tribunal had jurisdiction to entertain the same...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Accused contended that complainant had no money lending licence thus complaint u/s 138 of Act is not maintainable - Contention rejected as money advanced by company in the form of loan is excluded from the purview of..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit against unregistered body - Plaint rejected holding that suit is not maintainable - Suit against unregistered body alleging it to be a sham entity having no lawful or bona fide status - Unregistered body strengthens the case of plaintiff rather having opposite effect of..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit filed against four defendants - Suit even if not maintainable against one defendant, it will not have effect of rendering the same non maintainable as against the remaining three defendants - At the most name of such a party may be struck out U.O.1.R.10(2) CPC - Suit,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and respondents..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 3A, Arbitration and Conciliation Act, 1996, Section 32-- Suit challenging decree based on arbitration award on the allegation that decree was obtained by fraud and misrepresentation is not barred u/s 32 r/w S.47 of Arbitration Act and such suit is maintainable before Civil Court...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for injunction in respect of land which was originally agricultural land but was converted into commercial land - Suit maintainable in civil Court even when conversion was not at plaintiff's instance - Application rightly dismissed...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8-- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 12(1)(c), 2-- Annulment of marriage - Maintainability of petition - Even if the consent of the spouse is obtained by fraud, petition for annulment of marriage is not maintainable if the said spouse lived with the other after having such knowledge...........

Showing : 421-430 of 1385 Results