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KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........

GAUHATI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Writ petition filed that proceedings under Urban Land (Ceiling and Regulation) Act stood abated - Impleadment of authority for whose benefit land was acquired was necessary - In the absence of impleadment of such authority writ petition itself was not maintainable - Impugned order set aside - Matter..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Matrimonial dispute between parties - Husband filed application for DNA test of wife and her daughter - Daughter was born many years ago, when spouses use to led their happy married life - Onus is upon husband to show that he had no access to wife, which he failed to do so - Moreover, wife might be ready..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 80 -- Suit against Government - Issuance of notice - State Government handing over suit land to telephone exchange - However, notice u/s 80 CPC not issued to telephone exchange despite being necessary party - Notice u/s 80 CPC being sine qua non for maintaining suit and since no notice is issued to telephone exchange, present suit is not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction proceedings - Petitioners sought their impleadment on ground that they are owners of suit property - Disputes of landlord and tenant cannot be converted into title dispute by of impleadment of third party claiming ownership - Application rightly rejected with liberty given to petitioners..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Court has to examine probative value of document to be produced in Court or to decide question of admissibility of document in secondary evidence - Party has to lay down factual foundation to establish right to give secondary evidence where original document cannot be produced - Simply saying that original document has..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 10A -- Scientific investigation - DNA Test - Paternity - Disputed by father - It is difficult nay impossible for the party alleging such paternity to prove it without any scientific investigation - It is a tumultuous task to prove such fact and equally intricate question for the Court to answer - But for a scientific..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger or third party - Stranger or third party is neither necessary party nor proper party in a suit for specific performance of a contract for sale of property, therefore, he cannot be added as a defendant in the suit...........

Showing : 831-840 of 6618 Results