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DELHI HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are only legal heirs of deceased and mutation of inheritance is liable to be entered and sanctioned in their favour - Suit filed against general public - Respondents being a member of general public has every right to contest suit - Even otherwise,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Court Fees Act, 1870, Article 1 - - Ad valorem Court fee - Agreement to sell - Suit for possession, declaration and cancellation of agreement to sell - Plaintiff is executant of agreement seeking cancellation of agreement to sell - He is required to pay ad valorem Court fee...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Defendant borrowed Rs.17 lakhs from plaintiff and issued a cheque for repayment of same - He admitted that cheque was issued by him for Rs.17 lakhs - Cheque was presented by plaintiff for encashment and was returned with an endorsement that defendant has issued `stop payment' instruction - On..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint by defendant No.1 whose right to file written statement was closed - By amendment of plaint it was defendant No.2 who was added and consequential amendments in that regard were made and no additional averment was made with regard to defendant No.1 - After amendment of plaint, defendant..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2015, Section 16 - - Written statement - Commercial disputes are governed by CPC as amended by S.16 of Commercial Courts Act and all other non commercial disputes fall within ambit of unamended (or original) provisions of CPC...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Non-commercial disputes - Provision of O.8.R.1 CPC is directory and does not do away with the inherent discretion of Courts to condone certain delays...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Provision of O.8.R.1 CPC is directory but it cannot be interpreted to bestow a free hand to a litigant to file written statement at his own sweet will and/or to prolong the lis - Delay can be condoned in extreme hardship or delays occurring due to factors beyond control..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........

Showing : 1-10 of 4739 Results