Showing : 201-210 of 742 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 137-- Proviso under R.3 of O.23 cannot be one conferring powers merely of review and hence would be regulated by Art.137 of Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3-..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13-- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held, before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3-- Decree passed on the basis of statement of a party - Decree thus passed is different from the procedure contemplated U.O.23.R.3 CPC - If Court had recorded statement of a party and proceeds to render a judgment on the basis of such a statement, he cannot be permitted to resile from such a..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Lack of pleadings - By itself not a ground to seek leave of Court to withdrawal suit - Court has to consider whether lack of pleadings arose from discovery of a new important fact which was not within knowledge or could not be noticed, despite exercise of due diligence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23-- Compromise - Eviction - If compromise was genuine, Court is bound to order eviction as per terms of compromise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23-- Compromise - If compromise is not genuine or not valid being opposed to law, Court is required to dispose of issue regarding compromise at the first stage without adjourning case - However, if Court finds that compromise is genuine, it is bound to pass order in terms of compromise - It will be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Signed by counsel on behalf of defendants No.2 to 6 - Vakalatnama in favour of Advocate reveals that Advocate was authorized to effect compromise also on behalf of the defendants - Compromise is a lawful compromise - Held, compromise is a valid compromise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23-- Withdrawal of suit - At appellate stage - On ground that suit property was not correctly described - Such defect does not fall within the purview of O.23.R.1(3) CPC - Application rightly rejected by lower appellate Court...........

Showing : 201-210 of 742 Results