Showing : 3651-3660 of 18189 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 60(1)(ccc)(As-- Execution - Exemption from attachment one residential house - Legal heirs of J.D. cannot seek release of their sole residential house from attachment by seeking protection u/s 60(1)(ccc) CPC...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 80-- Notice - Municipality - No notice is necessary when suit is filed against a municipality as municipal council is not a public officer...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Bar of subsequent suit - Neither reliefs claimed in two suits were identical, nor parties are same - Moreover, decision in earlier suit was not on merits - It cannot be held on singular facts and circumstances that subsequent suit is barred by res judicata...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4(2), 5, Civil Procedure Code, 1908, Order 41, Rule 31-- Second appeal - While deciding second appeal, it is obligatory upon High Court to properly set out the case of parties, findings recorded by trial Court and first appellate Court, arguments of parties on the questions of law framed in the light of law applicable to the controversy involved by..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Employee seeking restraint order from dispossession - Premises allotted to employee while in service - Right to continue in possession after cessation of service not disclosed in plaint - A caretaker, agent or employee does not have any..........

Showing : 3651-3660 of 18189 Results