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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of document - Mere exhibition of document do not dispense with its proof - Demarcation report, even if exhibited, same could not be taken into consideration for having not been proved...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving convincing and cogent reasons for..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross-examination of deponent - Not necessary as petitioners right to object affidavit is secure and he can make his own affidavit...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus to defend..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to contest the..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Plea of O.2.R.2 CPC - Cause of action for present suit for recovery of possession and earlier suit for permanent injunction are different - Plea of O.2.R.2 CPC does not apply...........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Issues are not to be framed on every plea taken in pleadings and have to be framed only on substantial pleas which in the event of proving have a chance of succeeding...........

Showing : 1581-1590 of 24645 Results