Showing : 2471-2480 of 16931 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 3-- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Territorial jurisdiction - Objection to territorial jurisdiction has to be construed after taking all averments in plaint to be correct - It is only the plaint and documents filed along with it, that need to be seen - Written statement is not to be looked into at all...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - It is only the `material facts' and not the details thereof which are required to be pleaded in order to comply with the mandate of O.6.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Material facts - Includes a positive statement of facts as also a positive averment of a negative fact, if necessary - Material facts are such `preliminary' facts which must be proved at the trial by a party to establish the existence of a cause of action...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Material facts - It is essential that all basic and primary facts which must be proved at the trial by the party to establish the existence of cause of action or defence are `material facts' and must be stated in the pleadings by the party...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2)-- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate office in Delhi and part of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114-- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114, illustration (g) of Evidence Act - But under no..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal..........

Showing : 2471-2480 of 16931 Results