Showing : 3171-3180 of 20115 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c)-- Rejection of plaint - Deficient Court fee - Court fee paid as assessed by Court - Plea that trial Court erred in correctly evaluating the value of property - A contentious issue needs to be determined on the basis of evidence to be led by the parties - Rejection of application - Calls for no..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Two rival wills qua suit property of common predecessor set up by both the parties - Plaintiff sought amendment to overcome the defect qua descriptions of corpus of property alienated to him under a testamentary disposition made by his predecessor - Amendment sought is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex parte proceedings - Setting aside - Sufficient cause has to be established where ex parte decree is drawn - However, in case of ex parte proceedings, defendant has all right to join proceedings at any subsequent stage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19-- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous place/part of house of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 65-- Auction sale - Mortgage property - Loan of Rs.15,000/- taken from bank - Non payment of loan amount - Auction - Bank itself purchased the property - Sale certificate issued in favour of bank - Later on bank sold the property for Rs.10 lakhs - Respondents claiming excess of sale amount in respect..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Absence of any plausible explanation regarding belated production of documents and relevancy of the documents to the controversy involved - Rejection of application calls for no interference...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of parties - Partition suit - A party can claim transposition from category of defendant to category of plaintiff and vice versa in a partition suit, as position of parties are interchangeable - Per se transportation is not prohibited in partition suit - Even from the point of view..........

Showing : 3171-3180 of 20115 Results