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Results of civil nature

Showing : 591-600 of 1027 Results

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Evidence Act, 1872, Section 3 -- Court - Authority constituted under an Act exercising judicial or quasi judicial power - Test to determine whether it is Court or not are : (a) the dispute which is to be decided by him must be in the nature of a civil suit; (b) the procedure for determination of such dispute must be judicial procedure; and (c) the decision must be a..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 9 -- Civil Court - Jurisdiction - Civil Court has jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment cannot be allowed to change the nature and character of suit from being a suit for specific performance of an agreement to one of declaration of title and possession...........

JHARKHAND HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Averment in plaint that plaintiffs are scheduled tribes - Amendment sought to add that they are Hindus following Hindu religion and governed by Hindu Law - Plaintiffs not pleaded earlier that they are governed by customary law - No further evidence sought to be adduced - Amendment..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - To be allowed liberally despite amendment of CPC in 1976 as amendment of pleadings is procedural in nature - However while exercising discretion the same has to be done judiciously...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Admission - Withdrawal of - A categorical admission cannot be resiled - However, in a given case, it may be explained or clarified - Offering explanation in regard to an admission or explaining away the same depends upon the nature and character thereof It may be that a defendant is entitled to take an..........

ALLAHABAD HIGH COURT

Year of decision: 2008
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Application u/ss 12, 17, 18, 19, 20 & 22 of the Act - Notice u/ss 12 & 13 issued - Proceedings under the Act are essentially civil in nature and it is only for the purpose of cutting down procedural delays that powers have been conferred on a Magistrate under the provisions of Cr.P.C...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Change in a part of description of the suit property - Held, amendment if allowed will not change the nature of suit from a suit for specific performance to a suit for declaration - Amendment allowed...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to rectify a part of the description of suit property - Neither question of limitation is involved nor it will change the nature of suit - Amendment allowed...........

Showing : 591-600 of 1027 Results