Showing : 81-90 of 280 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Plaint - Amendment - Reincorporation of relief which was earlier got deleted by amendment of plaint - There is no absolute prohibition - Plaintiff could be saddled with heavy costs - Amendment allowed subject to payment of Rs.25,000/- as costs...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Leave U.O.2.R.2 CPC - Leave can be sought at any stage of the suit...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 76(c), Civil Procedure Code, 1908, Order 2, Rule 2-- Redemption of mortgage - Liability of pay Govt. dues was of the mortgagee - However, agricultural income tax does not come within the expression `Government Dues' - Liability to pay agricultural income tax is that of the mortgagor and not of mortgagee - Suit land auctioned for non payment of..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, 34, Order 2, Rule 2-- Subsequent proceeding for claim for interest - Res judicata - Applicability - Held, if in an earlier proceeding instituted under the Special Act which does not provide for a relief claimed in a subsequent proceeding, the subsequent proceeding cannot fail under the provisions of O.2.R.2 of the..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3-- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of act or transactions..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Civil Procedure Code, 1908, Order 2-- Counter claim - By plaintiff in answer to the counter claim of defendant - Cause of action for the counter claim of plaintiff arose after the filing of the suit which is different from cause of action pleaded in plaint - Held, counter claim of plaintiff not hit by O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Cardinal requirement for application of the provisions contained in O.2.R.2(2) and (3) is that cause of action in the later suit must be the same as in the first suit...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Agreement to sell - Injunction suit filed followed by suit for specific performance - In the suit for injunction plaintiff claimed that facts and events have occurred which entitled it to contend that defendant had no intention to honour the agreement - Held, in such..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Provision of O.2.R.2 applies in both the situations where earlier suit is disposed of and where second suit is filed during the pendency of the earlier suit...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - O.2.R.2 CPC contemplate two different situations, namely, where a plaintiff omits or relinquishes a part of a claim which he is entitled to make and, secondly, where the plaintiff omits or relinquishes one out of the several reliefs that he could have claimed in the suit - It..........

Showing : 81-90 of 280 Results