Showing : 2291-2300 of 8821 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Res judicata - Stand of plaintiffs that they were not parties to earlier litigation nor prayer for declaration was made at that stage - Held, plaint cannot be rejected - However, in case some issues are involved which are required to be treated as preliminary issues, parties..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Filing beyond 90 days - Provision of O.8.R.1 is directory and not mandatory in nature - Court has discretionary power to allow the defendant to file written statement even after expiry of period of 90 days - In the facts and circumstances of a given case, more than 90 days can..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Rent and Eviction -- Eviction of tenant under Rent Act - Held, there is a difference in exercise of jurisdiction when civil Court deals with a lis relating to eviction brought before it under the provisions of Transfer of Property Act and under any special enactment pertaining to eviction on specified grounds - Court..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Court can exercise power either on its own motion or on an application filed by any of parties to the suit - Such power is to be invoked not to fill up the lacunae in the evidence of the witnesses already recorded but be invoked only to clear any ambiguity that may have..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand - Power of remand can be exercised by appellate Court either U.O.41.R.23 or R.23-A CPC - While R.23 could be exercised when suit is disposed of by trial Court on a preliminary issue and R.23-A can be invoked when suit is disposed of otherwise than on preliminary point and when decree is..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 25-- Remand - Appellate court has power to refer the issues that may be framed by it, to the trial court for taking additional evidence thereon and in such case, trial court has to proceed to try such issues and return evidence to appellate court together with its findings thereon and the reasons..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25-- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side will have a cake..........

Showing : 2291-2300 of 8821 Results