Showing : 5981-5990 of 40781 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1-- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Amendment should not be allowed after commencement of trial unless Court comes to conclusion that inspite of due diligence, party could not raise matter before commencement of trial...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission contemplated U.O.12.R.6 CPC, cannot be equated to fiction of a deemed admission U.O.8.R.5 CPC...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26-- Deficiency in weight - Issue of process - In the instant case, product Palmolive naturals Soap (with cream) and Palmolive Naturals Soap (Relaxing) weighed lesser than declared net weight - There is prima facie evidence that average weight is less than declared weight - Even, there is prima facie..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 15, Rule 1-- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26-- Deficiency in weight - Immunity from prosecution - Quashing of proceedings - In the instant case, error in deficiency is greater than twice the maximum permissible error - Hence, immunity from prosecution is not extended to manufacturer or packer - Proceedings cannot be quashed against..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5-- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of sale - Thus, delay..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 64-- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale..........

Showing : 5981-5990 of 40781 Results