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Showing : 451-460 of 986 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective alienees the fact of pendency of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide whether defendant..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116 -- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Dismissal of suit as withdrawn - Notice to parties before dismissal of the suit was necessary...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168 -- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9 -- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 80 -- Notice to State - State proper party - Maintainability of suit - Plaintiffs have not claimed any relief whatsoever against State - State was only a proforma defendant in suit - Plaintiffs had only prayed that defendant No.3 is the owner of suit land but defendants 1 & 2 are raising construction thereon - No relief was claimed..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought after commencement of trial on the ground that facts sought to be pleaded were already brought to the notice of counsel who inadvertently could not plead - Held, litigant cannot be allowed to suffer because of bonafide error of counsel - Litigant entitled to urge that error committed by..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to record reasons before ordering attachment before judgment even when defendant fails to comply with order/notice issued by the court to furnish security within time stipulated - Recording of reasons by Court is mandatory...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale - Determination of market value - A serious lapse on the part of the Executing Court in determination of market value cannot be condoned - Fixing value of property without issuing notice to the parties and by summoning the person whom it thinks necessary in this regard, cannot be treated as proper - Fixation..........

Showing : 451-460 of 986 Results