Showing : 2991-3000 of 20115 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witnesses - Requirement of provision is that party filing the list of witness must briefly give the purpose for summoning the witness - In the absence of cogent reason for need of summoning the witnesses, application is liable to be dismissed on this ground alone...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant - When evidence sought to be adduced in rebuttal is not on those issues, he has no right to lead evidence in rebuttal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 92-- Auction sale - JD not questioned the process of attachment or sale/auction on any grounds contained in O.21.R.90 CPC or any other Rule - Order of confirmation of sale was passed - JD held, caught by estoppel and waiver and cannot now question the process of attachment and auction of property...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal to rebut the evidence adduced by defendant on the issues the burden to prove of which was on plaintiff as in order to discharge his onus, plaintiff is required to lead evidence in affirmative...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59-- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2-- Issues - Plea of non framing of proper issues as per pleadings of parties - Issues were framed in the presence of Advocate and issues were read over and explained to parties - Framing of additional issue was not sought in the trial Court - Held, non framing of issue not fatal...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial -..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Advocate commissioner - Can be appointed for elucidating any matter in dispute...........

Showing : 2991-3000 of 20115 Results