Showing : 71-80 of 2820 Results

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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - Issues are not to be framed on every plea taken in pleadings and have to be framed only on substantial pleas which in the event of proving have a chance of succeeding...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiffs failed to place on record revenue record depicting their possession over suit property - Defendants on other hand purchased tenancy rights vide sale deed and possession of property handed over to them - No prima facie case or balance of inconvenience in favour of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust established on record..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20-- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made parties to the appeal..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Objection as to maintainability of suit can always be raised while contesting the issue pertaining to prima facie case - Trial Court to deal with the objection while deciding application for ad interim injunction...........

Showing : 71-80 of 2820 Results