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Results of s 9+civil procedure code

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Showing : 1461-1470 of 3153 Results

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........

KERALA HIGH COURT

Year of decision: 2011
Details

Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court and consequently Family Court is not ousted with the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application at the instance of a person not arrayed as defendant is not maintainable...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit dismissed wholly or partly U.O.9.R.8 - Plaintiff shall be precluded from bringing a fresh suit in respect of same cause of action...........

UTTARAKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6 -- Challenge to validity or legality of notification u/s 4 and declaration u/s 6 of Land Acquisition Act - Jurisdiction of Civil Court - Held, since Land Acquisition Act is a complete code, by necessary implication power of Civil Court to take cognizance of a case u/s 9 of the CPC stands..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Exclusion of - Held, jurisdiction of Civil Court to entertain any suit of a civil nature arising under a statute can be excluded only when cognizance is expressly or impliedly barred by the statute which gives rise to such suits...........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 2(2), 9, 16, 21 -- Decree passed by Court lacking jurisdiction - Decree is nullity - Finding of a Court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction - Acquiescence of a party cannot be permitted to defeat the legislative animation - Court cannot derive jurisdiction apart..........

Showing : 1461-1470 of 3153 Results