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Results of civil procedure code

Showing : 1381-1390 of 22422 Results

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 11, Rule 1 -- Second application seeking permission to serve interrogatories - Similar application filed earlier - It is no ground for dismissing application U.O.11.R.1 CPC...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 80 -- Suit against both government and private persons - Non-compliance of requirement of S.80 CPC as against some of defendants - Dismissal of suit in entirely as against all defendants inclusive of first defendant/private person who would not come under purview of S.80 CPC due to no, compliance of mandate u/s 80 CPC is impermissible -..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 80(2) -- Leave u/s 80(2) CPC - In earlier suit leave u/s 80(2) CPC was obtained, though subsequently it was withdrawn due to change of legal position and a fresh suit was instituted on the same cause of action - Once requirement of S.80 CPC was compiled with in earlier suit based on same cause of action claiming same reliefs, there is no..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere non filing of medical certificate itself is not a valid ground to dismiss the petition - Court has to take into consideration totality of facts and circumstances of the case while passing an order in the interlocutory applications...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed after..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A -- Recalling of witness - An additional document is marked after conclusion of trial, after arguments on behalf of respondents and during arguments on behalf of petitioner - In such circumstances, respondents rightly, entitled to an opportunity to rebut said evidence...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........

Showing : 1381-1390 of 22422 Results