Showing : 3011-3020 of 20115 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Suit for perpetual injunction - Application seeking appointment of local commissioner to show that boundaries given in plaint schedule plots are incorrect - Appointment of commissioner to note down physical features and boundaries of disputed properties are..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Object - It is to minimize disposal time of recording evidence as well as dispensing with lengthy procedure of Court for recording evidence of every witness produced before it or summoned to appear before it...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4-- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit and have to..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Suit for perpetual injunction - There is no thumb rule that in a suit for perpetual injunction, an advocate Commissioner cannot be appointed - However, the law is well settled that a Commissioner cannot be appointed to find out as to who amongst the parties is in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Amendment should not be allowed after commencement of trial unless Court comes to conclusion that inspite of due diligence, party could not raise matter before commencement of trial...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5-- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of sale - Thus, delay..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 64-- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1-- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission contemplated U.O.12.R.6 CPC, cannot be equated to fiction of a deemed admission U.O.8.R.5 CPC...........

Showing : 3011-3020 of 20115 Results