Showing : 1-10 of 601 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5(1)-- Restoration of suit dismissed in default - Court has inherent power to restore suit dismissed in default U.O.9.R.5(1) CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Dismissed in default - Suit dismissed on three occasions - Court allowed restoration application twice and dismissed the same on third occasion - Stage of suit was for filing replication, however, same was not filed on all three occasions - Conduct of plaintiff highly..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 17- - Restoration of land - Development charges - 97.1% land was acquired for development purpose - Small portion of land including land of respondents not planned, as there were buildings on such areas - However, that does not mean that appellant have not carried out any development on land in..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19- - Non-appearance of counsel of plaintiff, as he noted down the wrong date - It is not the case of plaintiff that he was not interested in pursuing the matter - No person be made to suffer on account of lapse of counsel - Non-appearance cannot be fatal in application for restoration filed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12- - Refusal to grant maintenance - Applicant was having only source of income from business in question after death of her husband - Son of applicant not doing any business - After death of husband of applicant, respondent took over possession of said business and deprived the applicant from..........

Showing : 1-10 of 601 Results