Showing : 91-100 of 297 Results

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 - 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..........
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..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata and bar of O.2.R.2 CPC - Difference between the two - The former enjoins duty on the plaintiff or defendant to ring forward all the grounds of attack in respect of his claim whereas later requires plaintiff to claim all reliefs flowing from the same cause of action - Principle of res..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Two sale transactions at different point of time inviting two separate actions - Failure on part of plaintiff to join both these distinct causes of action together - Held, this does not mean that it invites bar of O.2.R.2 or S.11 Explanation IV CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of suit - Earlier suit filed for injunction - Second suit filed for cancellation of sale deed on the ground that sale deed was executed by power of attorney after death of owner - Held, cause of action for the second suit is different to that of earlier suit - Suit for cancellation of sale..........

Showing : 91-100 of 297 Results