Showing : 71-80 of 81 Results

KERALA HIGH COURT
Year of decision: 2002
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 91(1)-- Injunction - Construction of building in violation of Municipal Regulations - Single individual can file a suit for injunction to restrain the wrongdoer from proceeding such an illegal act - Suit does not come under S.91(1) CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 91, Order 7, Rule 4, Civil Procedure Code, 1908, Order 7, Rule 10-- Permission to bring suit in a representative capacity - Plaint returned for lack of jurisdiction - Held, before returning plaint Court to decide application filed u/s 91 CPC after having satisfied the requirement of O.7.R.4 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 227, 228, 91-- Framing of charge - Accused is at liberty to place any document before trial judge to claim discharge - However, accused cannot summon record of an earlier case...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 91-- Summoning and production of documents - Powers of Court - Held, powers conferred u/s.91 are enabling in nature aimed at arming Court or any officer in charge of Police Station concerned to enforce and to ensure production of any document or other things `necessary or desirable' for purposes of any..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91-- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Criminal Procedure Code, 1973, Section 161, 91, 172-- Statement of witness recorded u/s 161 Cr.P.C. - Use of case diary in respect of said statement in another case or trial - Can be done under S.91 and not under S.172 Cr.P.C. (Evidence Act, 1872, S.145)..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Suit required to be instituted by obtaining leave of Court - Law enjoins a duty on the Court that such power should be exercised judiciously and not in an arbitrary manner - Court is required to pass a reasoned order so as to disclose why permission has been granted to institute such suit...........
MADRAS HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 91, Order 1, Rule 8-- Public nuisance - Loading and unloading of coal in defendant's land - Plaintiff's residing very close to land of defendant - Pollution and nuisance established - Sufferings of plaintiffs pleaded and evidence adduced - Permanent prohibitory injunction is justified and suit is maintainable - Further..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 91-- Public nuisance - Grant of injunction, mandatory and perpetual - Allegation of wrongful construction affecting public way - Person who allegedly made encroachment was in possession of disputed land for more than 25 years - Suit for injunction by person neither claiming title in himself nor filed..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 91(2)-- Public nuisance - Suit for removal of construction affecting public way - No independent right over public way claimed in suit - Held, suit is not maintainable under S.91(2)...........

Showing : 71-80 of 81 Results