Showing : 71-80 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Non-joinder of party - Party against whom no relief is claimed in application is not necessary party at all...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Rejection of plaint upheld for the reasons of non compliance with provisions of O.7.Rr.11, 14(1) and 14(2) , Form Nos.47 & 48 in Appendix A of the Code which are statutory in nature not comlied and absence of any cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Suit for specific performance - Agreement executed by power of attorney holder - Neither power of attorney filed alongwith plaint nor explained in whose possession it is, nor certified copy of the same produced - Amounts to non compliance of O.7.R.14(2) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Provision of O.7.R.14 CPC mandates that the plaintiff has to produce the documents on which the cause of action is based...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Trusts Act, 1882, Section 59, Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Trustees of Trust filing Original Petition for enforcement of their rights - In order to execute Trust, right is only to file suit and not any original petition - Trust Act contains no provision to convert original petition into a suit - Held, original petition could not be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents and proper admission/denial - Imperative for deciding civil cases in a proper perspective...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 5, 7-- No prayer against a particular defendant - No relief can be granted against him...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - Court shall not exercise its discretion in favour of decreeing a premature suit in the following cases : (i) when there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - (1) Not necessarily to be dismissed for such reason; (2) Question of suit being premature does not go to the root of jurisdiction of the court; (3) Court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7-- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession on..........

Showing : 71-80 of 167 Results