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Results of c p counter claim

Showing : 51-60 of 408 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore,..........

KERALA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Suit for possession - Counter claim of specific Performance - Readiness and willingness - Agreement execute in 1974 - No endeavour on part of defendants to have agreement performed till filing of counter claim regarding specific performance in 1985 - No evidence on record that defendants had at any time approached plaintiff..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - Counter claim is treated as plaint and is governed by the rules applicable to plaints - Applicability of O.7.R.11 CPC to counter claim cannot be ruled out in total...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - Circumstances and conditions under which counter claim can be rejected are : (a) Wherever defence to a suit can survive even if counter-claim goes, then Court will be entitled to invoke O.7.R.11 CPC and reject the counter-claim; (b)..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - In addition to parameters provided in O.7.R.11 CPC, Court may also have to examine as to whether rejection of counter-claim would have the effect of striking off the defence or rendering defendant defenceless...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter-claim shall be treated as plaint and governed by rules applicable to plaints - But it does not mean that it is no more a written statement - It is also a written statement to which O.8 CPC applies, even while O.7 CPC is made applicable to a part of the same - O.8.R.6-C CPC gives right to plaintiff to..........

PATNA HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to plaintiffs - Defendants did not appear before Court below..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional pleading - Not restricted to subsequent pleading by way of defence to set off counter claim only...........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - No counterclaim can be raise by the defendants on a cause of action which has arisen subsequent to the filing of written statement in defence or before the time limited for delivering the defence has expired...........

Showing : 51-60 of 408 Results