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Results of subsequent to the suit

Showing : 181-190 of 911 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - For applicability of S.10 of the Code there has to be a duly instituted previous suit between the same parties in which the issue is directly and substantially the same - Subsequent suit cannot be stayed when plaint in previous instituted suit was rejected on ground of non payment of court fee, even though..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Scope of authority - Suit for specific performance - Power of attorney executed with respect to earlier agreement of 1993 and not with respect to agreement of 1995 - However, power of attorney holder entered into compromise and transferred 65% share of plaintiff to subsequent purchaser with regard to..........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Purpose and object - Prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon the bilateral litigations in respect of same cause of action, same subject matter and same relief...........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Fundamental Test - Whether any final decision being reached in previous suit, such decision would operate as res judicata in the subsequent suit...........

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Would apply only if there is identity of the matter in issue in both suits, meaning thereby, that the whole of the subject-matter in both proceedings are identical...........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for determining real issues in..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Based on subsequent developments - Amendment if allowed would not change the nature of suit - Amendment rightly allowed...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any way, be a bar for making a claim..........

Showing : 181-190 of 911 Results