Showing : 3571-3580 of 20115 Results

CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Decision on all issues - Dismissal of suit by deciding one out of nine issues - Mandate of the provision is that Court to decide all issues in the suit at a time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12-- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be determinative for fixing mesne profits..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Merits of plea not to be tested ordinarily, while considering application for amendment, as same is to be adjudged on the weight of evidence led during trial...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Subsequent event - Relief of mandatory injunction in a suit filed for permanent injunction as it was necessitated by subsequent developments - Proposed amendment not filed belatedly - Issues not framed - Trial not yet commenced - Nature of suit also not changed, if amendment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleadings - Cannot take place of proof - Plea raised in pleadings has to be proved by leading cogent and convincing evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction filed as plaintiff was having threat of alienatio, Cause of action for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff intends to examine one `S' who had instituted the suit on behalf of the company - Plaintiff intends to lead evidence in rebuttal which he failed to lead in affirmative - Application rightly rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Balance sale consideration - Extension of time - One of decree holder who was unfortunately indisposed as having suffering from ailments and umpteen number of documentary evidence, in this regard was also placed on record - Moreover owing to pendency of appeal at instance of vendor decree could..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34-- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by merely praying for decree of possessory right without any prayer for consequential relief -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the..........

Showing : 3571-3580 of 20115 Results