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FINANCIAL COMMISSIONER HARYANA

Year of decision: 1975
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 2(d), 2(g) -- Dispute as to building whether residential or no, residential - Essential requirement for no, residential building - Finding that building being used solely for purposes of business or trade - Duty of Rent Controller and Appellate Authority to give specific finding on evidence adduced - Mere..........

MADRAS HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 32, Rule 1, 2 -- Distinction between `suit being dismissed' & `Plaint being taken off' the file - Suit filed by minor attaining majority during pendency of the suit-Suit could be disposed of according to law...........

CALCUTTA HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 8, Rule 2 -- Eviction suit - Counter claim as to specific performance of contract to execute lease - Defence not maintainable...........

CALCUTTA HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons not in prescribed form and without copy of allegations in the plaint - Summons invalid - Ex-parte decree set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action for the subsequent suit arising during the pendency of first suit Second suit not barred U/O.2.R.2 CPC...........

PATNA HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit against several defendants - Two defendants not served as process fee not paid - Dismissal of suit against all the defendants - Order improper and contrary to the provision of law - Suit restored other than those defendants for which no process fee was paid...........

BOMBAY HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex-parte injunction - Notice issued to the opposite party-instead of raising objections to the issuance of injunction appeal filed - Appeal is maintainable...........

DAMAN AND DIU HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 6, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 2 -- Plea taken in written statement not met by contra plea or evidence by plaintiff - Defendant to succeed in his plea...........

DELHI HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Court fee - Issue should be treated as preliminary...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 1975
Details

Civil Procedure Code, 1908, Order 39, Rule 2 -- Interim injunction restraining the execution of the decree - Execution of decree for possession - Interim injunction sought as the execution of the decree by a close relative of unauthorised sub-tenant filing an independent suit therefore, held that the decree for possession not being prima facie illegal or void and since..........

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