Showing : 1-10 of 164 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227-- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction - High Court not to entertain revision under Article 227 especially in a case where specific remedy of appeal is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second wife not made party in..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction order - Such order is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)-- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1, Delhi High Court Act, 1996, Section 10(1)-- Appeal - Right to file list of witnesses as well as evidence by way of affidavits - Maintainability - Suit for specific performance - An appeal shall lie only against the order of single judge which are mentioned in S.104 r/w O.43.R.1 of CPC - Order under challenge do not amount to judgment..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104-- Grant of interim injunction in regular appeal filed U.O.41 PC - Appeal there against - Appeal is maintainable in view of S.104(1) read with O.43.R.1(r) CPC...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96-- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c)-- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower Appellate Court that..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........

Showing : 1-10 of 164 Results