Showing : 7841-7850 of 20115 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3-- Minor - Suit filed by minor through next friend - Court can insist on furnishing of security by the next friend, for payment of all costs, incurred or likely to be incurred by the defendant in such a suit...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3-- Minor - Suit by minor through next friend - It is not necessary that next friend must be a natural guardian or a close relation...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor defendant - Court will appoint a guardian for him - The concept of `next friend' does not exist, if minor figures as defendant in a suit...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Evidence Act, 1872, Section 114-- Power of attorney - Husband being power of attorney, privy to all the facts in the knowledge of wife - Held, husband is competent to depose on behalf of wife...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Next friend and guardian - Distinction - Next friend can act only to represent the interest of minor and has no power to put the interests of the minor at stake whereas guardian has some powers to take certain decisions, for and on behalf of the minor, may be, in a limited scale and subject to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 123-- Ex parte proceedings - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte proceedings U.O.9.R.7 CPC - Limitation of 30 days applies for setting aside ex parte decree and not to ex parte proceedings...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 123-- Ex parte proceedings - Setting aside - Plea that summons were received but without copy of plaint - Further plea that after receiving summons plaintiff was contacted who assured to withdraw the suit and to get the matter settled amicably - However, later on defendant came to now that suit was not..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of parties - Judicial discretion - Held, question of addition of parties U.O.1.R.10(2) CPC is generally not one of initial jurisdiction of court - It is of a judicial discretion which has to be exercised in view of all the facts and circumstances of each case - What is to be seen is that..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Application for - Delay of 7 years - Petitioner, son of defendant sought his impleadment after lapse of 7 years form the date of institution of suit on the ground that he is coparcener of joint Hindu family - Earlier Trial court was directed to conclude the proceeding..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9-- Negligence - Civil suit for damages - In case of a tort or claim for damages, where defendants have failed to perform duty of care and necessary public duty, damages can be awarded on the principles governing grant of compensation under Motor Vehicles Act...........

Showing : 7841-7850 of 20115 Results