Showing : 41-50 of 153 Results

PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Perusal of judgment of earlier suit passed by trial Court shows that neither issue relating to parentage of "H" was framed nor any evidence was adduced - "H" was not party in earlier suit - Finding relating to parentage of "H" recorded by trial Court - Effect of - Held, such finding..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11-- Dismissal of suit for default - Applicability of principle of Res judicata - Held, when suit is dismissed for default it will never operate as res judicata because none of the issues raised by the parties was decided in the suit...........
PATNA HIGH COURT
Year of decision: 2012
Details
Family Courts Act, 1984, Section 9- - Mandate of S.9 - Duty of Family Court - Held, under mandate of S.9 of the Act, a Family Court is obliged to make an endeavor to assist and persuade parties for arriving at a settlement in respect of subject matter of suit or proceeding - Family Court is required to find out as to whether in suit..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Section 14(2)-- Limitation - When can be decided as preliminary issue? - Held, Code confers no jurisdiction on a court to try a suit on mixed question of facts and law as a preliminary issue - Only in appropriate cases court may try an issue of limitation as a preliminary issue which instance is rare and fewer,..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Eviction suit - Filing and pendency of title suit - Has no impact upon maintainability of eviction petition...........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - In the memo of appeal, plaintiff never raised this question that the defence of defendant is barred u/s 4 of the Benami Act - No such argument was also advanced - However, suo motu, Lower Appellate Court recorded this finding without considering the fact that Umar..........
PATNA HIGH COURT
Year of decision: 2012
Details
Practice and Procedure-- Weakness of defendant's case - Effect - Lower Appellate Court instead of considering the case of plaintiff and question as to whether plaintiffs have been able to prove their possession approached the case and decided that defendants failed to prove the identity of the lands involved in earlier..........
PATNA HIGH COURT
Year of decision: 2012
Details
Succession Act, 1925, Section 217-- Probate - No mention of two daughters in the Will despite having good relations with them and they having no proper means of maintenance - No explanation for delay of more than twenty five years in filing probate application - Daughters of testator were in possession of suit property and had been..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Plaintiffs father having two wives, first wife in whose name suit property was purchased had died issueless - Plaintiffs sons of second wife claimed that defendant being son of their mother from her first marriage, he had no title in suit property - Brother of..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 96-- First appeal - Prayer for remand of case for framing specific issue - Plaintiff having understood his specific case that Schedule-III land being claimed to be a joint family property purchased from the fund of the joint family, failed to adduce any evidence, oral or documentary - Both parties..........

Showing : 41-50 of 153 Results