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HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 4 -- Plea of fraud - A vague or general plea of fraud cannot be permitted to be raised - It is incumbent upon party raising such plea to plead precise nature of fraud alongwith other details...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as a witness - First defendant did not appear as his own witness - First defendant not willing to give his testimony - Held, there cannot be a testimonial compulsion as it is in violation of Fundamental Rights of an individual - No person can be compelled to testify against his will...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 5 -- Preliminary issue - Additional issues as framed by trial Court are mixed issues of law and fact, which can be decided after recording evidence of parties of suit - Said issues cannot be tried as preliminary issues...........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit land - No documents of title..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for possession by way of specific performance - During pendency of suit another agreement to sell executed by defendant in favour of petitioner - Application for impleadment of petitioner as party rightly allowed, as he is necessary party to the suit...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - Suit for specific performance - Transferee pendente lite - A transferee pendente lite of an interest in immovable property is a representative-i, interest of the party from whom he has acquired that interest - He is entitled to be impleaded in the suit or..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 40, Rule 1 -- Review of criminal judgment by Supreme Court - Normally in criminal proceeding, review applications cannot be entertained except on ground of error apparent on face of record - Power of Supreme Court under Article 137 is wider and in an appropriate case can be exercised to mitigate a..........

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