Showing : 3531-3540 of 18189 Results

PATNA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137-- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent events - Issues yet..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Amendment sought for setting up counter claim - However, application for amendment and counter claim filed after five years of framing of issues - Sufficient explanation not given for such long delay - Moreover, said application is filed with respect to alleged..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 13, Rule 1-- Production of original sale deed - Suit for cancellation of registered sale deed - Plaintiff is under an obligation to file original document, in case he wants to rely on such document in further proceedings of suit - If plaintiff does not file original document, then latter portion of said Rule..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 80-- Notice u/s 80 CPC - Waiver of notice - No separate application or any express order of waiver is necessary for granting waiver of notice u/s 80 CPC - Such waiver or leave can be presumed and can be implied and gathered by the orders passed by Court...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 80-- Notice - Plea of want of notice - Plea is available only to Government and officers mentioned in S.80 CPC - It is not open to a private individual to challenge the proceedings by taking the plea of want of notice u/s 80 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial Court restraining not..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that impugned order is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- List of witness - Filed after evidence of plaintiff and cross-examination had been recorded - No list of witnesses was given by plaintiff after framing of issues - Omission on the part of plaintiff necessitated filing of present application - It would amount to be a first list, which plaintiff..........

Showing : 3531-3540 of 18189 Results