Showing : 181-190 of 3076 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Capability of person to adduce evidence by himself on disputed fact is not the test to decide whether he is necessary party or not...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by private party - Occurrence prior to amendment of S.372 Cr.P.C. - Appeal by private party is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Adverse inference - Non appearance of a party as a witness - Mere no, appearance of defendants in Court for orally deposing in witness box is not sufficient to draw adverse inference against them, particularly when entire case of defendants is based upon documents which is filed by defendants...........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 68-- Execution of Document - Mere challenge by executant/person who purported to have executed the document alone is not sufficient to bring matter within exception to S.68 Proviso of the Act, though he is in the party array of suit either as a defendant or as a co-defendant unless there is a relief..........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 68-- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 3, 138-- Cross-examination - Divorce petition - Plea that document was wrongly read in evidence - It is always open to a litigant to, in cross examination, confront the witness of opposite party with documents and which documents, if admitted by witnesses, are entitled to be read in evidence - In present..........

Showing : 181-190 of 3076 Results