Showing : 2971-2980 of 16931 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 18, Rule 4(3)-- Divorce by mutual consent - Recording of statement through Video conferencing - Presence in Court - Does not necessarily mean physical presence - Rule 4(3) provides for recording evidence either by writing or mechanically in presence of the Judge...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Attachment - Undivided share of JD in HUF property - Can be attached in execution of decree...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Sole plaintiff and sole defendant died on the same day - Substitution of LR's - Responsibility of substituting heirs of both the parties rested upon plaintiff and in his absence upon his heirs and LR's - Ordinarily, heirs of plaintiff was supposed to get himself substituted first before applying..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of sole defendant - Substitution of LR's - Court permitted substitution of all legal heirs including widow of deceased defendant - However, petitioner challenged substitution of other legal heirs on the ground that deceased defendant left a Will bequeathing all his properties in her favour -..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced pertaining to criminal proceedings being First Report (F.R.) against petitioner - Petitioner was not aware of filing of F.R. and its acceptance by criminal Court, therefore it cannot be said that he did not act with due..........

Showing : 2971-2980 of 16931 Results