Showing : 51-60 of 936 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - If necessary factual basis for amendment is already contained in the plaint, relief newly sought on the said basis would not change the nature of suit...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74-- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as enhanced rent -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - While granting or rejecting amendment following principles are required to be taken: (i) whether proposed amendment is imperative for effective adjudication of matter; (ii) whether amendment is bona fide or mala fide; (iii) amendment should not cause such prejudice to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Incident occurred due to sudden verbal quarrel and evidently there was no pre-mediated plan to attack deceased - In view of civil disputes already pending between parties, a minor verbal exchange bloated into a sudden attack - Two simple injuries inflicted upon scalp of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Rights created and remedies provided for breaches thereof in the Act are basically of civil nature and therefore, by specific provisions authority has been conferred even upon civil Courts, in addition to criminal Courts u/s 26 of the Act, to deal with an..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Proceedings under the Act are predominately of civil nature and it is only when there is breach of protection order as contemplated u/s 31 of the Act and failure or refusal to discharge duty without any sufficient cause by protection officer as contemplated..........

Showing : 51-60 of 936 Results