Showing : 3001-3010 of 17841 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - After commencement of trial - Perusal of record reveals that plaintiff had no knowledge of acquisition of land in question before commencement of trial - Amendment sought as soon as knowledge gained - Amendment necessary for just decision of case and to shorten litigation -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1-- Pleadings - In pleadings parties have not to plea the law but the facts - It is on perusal of facts of the case that Court has to see as to what provisions of law are applicable or not - Observation of appellate Court discarding application of any particular section on the ground that it is beyond..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Consent decree - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted and not of O.23.R.3 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary party - Suit for declaration - Party against whom no relief is claimed nor she herself get impleaded as legal heir of plaintiff, she was not a necessary party and in the absence of the same, suit is not bad for no, joinder of such party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Power of attorney - Executed for management of property of plaintiff, but he nowhere authorized attorney holder to suffer a consent decree of his land in favour of anyone - Suffering of consent decree by attorney holder of a major chunk of land owned by plaintiff in favour of nephew of plaintiff,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Consent decree - Validity - Suit filed by nephew claiming property of his uncle - Instead of making said uncle a party, nephew sued him through attorney - Said attorney rushed to the Court on the next day and suffered a decree - This extra ordinary hurry itself reflects ill-intention, fraud,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Cannot be entertained if there was no substantial question of law involved therein...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Mere fact that plaintiff may be competent to file another suit against defendants is not sufficient to implead them as party in present suit - Order allowing impleadment set aside...........

Showing : 3001-3010 of 17841 Results