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HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 16, Rule 1, Evidence Act, 1872, Section 126 -- Pleadings - Proof - By summoning counsel of opponent party - Pleadings signed and filed in Court is not privileged professional communication u/s 126 of Evidence Act - Advocate of opponent party allowed to be examined as a witness for limited purpose i.e. to prove the pleadings filed in Court..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 2, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3 -- Joinder of cause of action - Where the cause of action pertaining to property No.1 and property No.2, could not be joined in the same suit, defendants qua both the properties could also not be joined in same suit...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 5, -- When in respect of one of the causes of action, Court has no territorial jurisdiction to try the suit, O.1.R.3, O.1.R.5, O.2.R.3 CPC cannot be invoked...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Applicability of Act - Act does not apply to any building less than 10 years old from the date of completion of its construction, as it would be included in exclusionary clause u/s 1(3) of Act, thus making it not amenable to the provisions of the Act...........

ORISSA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 1(1), (2) -- Appeal - Defective appeal on one or the other ground or is presented beyond period of limitation - Such appeal is called irregular, incompetent, unmaintainable appeal - However, such an appeal is an appeal in eye of law for all practical purposes and it is not non est - Dismissal of appeal on whatever ground is a..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 1 -- Cause of action - Arises when one party asserts and other party denies any right...........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 26, Rule 1, 4A -- Local Commissioner to record evidence - Court cannot appoint an Advocate Commissioner without assigning any reasons - Impugned order of appointing advocate commissioner for examination of plaintiff does not show any reason which prompted lower Court to appoint an advocate Commissioner - More so, as per cause title,..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Permissible when (a) there is discovery of new and important matters or evidence which after the exercise of due diligence was not within the knowledge of the applicant; (b) some important matter or evidence could not be produced by applicant at the time when decree was passed or order made; and (c) there was some..........

Showing : 831-840 of 4739 Results