Showing : 81-90 of 287 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Rejection of plaint - Findings with regard to res judicata and O.2.R.2 CPC can only be recorded after taking into consideration the pleadings and evidence that may be led by the respective parties - Dismissal of application for rejection of plaint, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - If a plaintiff is entitled to seek reliefs against the defendant in respect of the same cause of action, the plaintiff cannot split up the claim so as to omit one part to the claim and sue for the other - If the cause of action is same, the plaintiff has..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - Bar of O.2.R.2 CPC - Cause of action same for both the suits - Relief sought in the second suit could have been claimed in the first suit - Held, reliefs which were available at the time of filing of the first suit and after having relinquished the same, a..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Res judicata - Applicability - Writ petition - Person invoking writ jurisdiction himself admitted that he had earlier filed suit which was withdrawn - Invoking writ jurisdiction of Court for same cause of action - Held, barred by principle of res judicata...........
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...........

Showing : 81-90 of 287 Results