Showing : 2911-2920 of 17209 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleadings - Cannot take place of proof - Plea raised in pleadings has to be proved by leading cogent and convincing evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction filed as plaintiff was having threat of alienatio, Cause of action for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34-- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by merely praying for decree of possessory right without any prayer for consequential relief -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Balance sale consideration - Extension of time - One of decree holder who was unfortunately indisposed as having suffering from ailments and umpteen number of documentary evidence, in this regard was also placed on record - Moreover owing to pendency of appeal at instance of vendor decree could..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint cannot be rejected in part U.O.7.R.11 CPC...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Lack of clarity when cause of action arose - Conclusive view cannot be taken at the preliminary stage of deciding if plaint is liable to be rejected...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - New Plea - Present is not a case where it could be said that plaintiff has sought to introduce fresh/new plea in the replication, which does not find mention in the plaint as originally filed - Merely because plaintiff in his replication has extracted/quoted from the statements..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Not giving finding on framed point of determination - Amounts to depriving appellant right of hearing and causing him prejudice, which is erroneous and illegal...........

Showing : 2911-2920 of 17209 Results