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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 1, Rule 10 -- Acquisition of land - Compensation - Post-acquisition allottee of land is neither a necessary party nor proper party and has no locus standi to be heard in the matter of determination of compensation...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - O.8.R.1 CPC being procedural is not mandatory - It does not impose embargo on powers of Court to extend time, especially in the circumstances, when no penal consequences have been provided - Application allowed subject to payment of cost of Rs.1 lakh...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Order is not executable - In extreme urgency recourse can be had to S.151 CPC for implementing the order - First remedy available is U.O.39.R.2-A and power u/s 151 CPC can be invoked only after exhausting the remedy U.O.39.R.2-A CPC...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 16, Rule 1(3) -- List of witnesses - A person not named as a witness in the list of witnesses can be examined only with the leave of Court, which can be granted by Court for sufficient cause...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case, exceptional grounds are there...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........

Showing : 581-590 of 4739 Results