Showing : 481-490 of 665 Results

GAUHATI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 3-- Temporary mandatory injunction - Without notice to the other party - Can be granted in appropriate cases i.e. where mandatory injunction if not granted will cause grave injustice...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34-- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings under Section 34 of..........
KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Defect in a notice with Form No.5 (Appendix F) will not render the order of attachment void - It is sufficient if there is substantial compliance with the forms...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - Starts to run from date of knowledge of exparte decree only when summons or notice is not duly served and in all other cases limitation commences from date of decree...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908-- Mortgage suit - Preliminary decree passed - Amount to be paid in instalments - Default in payment of instalments - Limitation of three years for applying for final decree starts to run from the date of default in payment of any instalment - In the instant case D.H. issuing mandatory notice under..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Limitation Act, 1963, Article 113, Civil Procedure Code, 1908, Section 80-- Money deposited with Government - Delay in making refund - Claim of interest - Art.113 applies and limitation period of three years commences from date when Government in response to notice rejected claim for interest...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1)-- `No instructions' - When so pleaded by Counsel appeal can be dismissed in default and more appropriately notice should be given to the appellant calling upon him to engage some other counsel for arguing appeal - Court cannot decide appeal on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- No instructions pleaded by Counsel - Notice not given to party - Exparte decree passed - Held, Court committed a patent illegality when the notice to the defendant was not given - Exparte decree set aside. 1996(2) Civil Court Cases 646 (P&H) distinguished...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Appeal - Notice to party who has been proceeded exparte in the trial Court - Appellate Court should not proceed mechanically by observing that as there was no appearance in the trial Court, notice need not to be served in appeal - Appellate Court should go through the Zimini orders recorded by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11-- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the..........

Showing : 481-490 of 665 Results