Showing : 1031-1040 of 3033 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Proof beyond pleadings - Not permissible...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2-- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court with a direction to frame such..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Proviso - Provision of O.17.R.1 proviso is not mandatory - In a suitable case, on justifiable cause, Court may grant more than three adjournments to a party for its evidence but ordinarily the cap provided in the proviso to O.17.R.1 CPC should be maintained...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Proviso - More than three adjournments for leading evidence can be granted on `justifiable cause' which means `sufficient cause' and unavoidable and sort of a compelling necessity like sudden illness of the litigant or the witness or the lawyer, death in the family of any one of them, natural..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Proviso - More than three adjournments for leading evidence cannot be granted when counsel is not available because of professional work in other court or elsewhere or on the ground of strike call or the change of a lawyer or the continuous illness of the lawyer (the party whom he represents must..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Three adjournments granted for leading evidence but on none of these dates any evidence let - Further adjournment cannot be granted merely for the reason that stakes were high - Plaintiff ought to have been more serious and vigilant in prosecuting the suit and producing its evidence...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- No evidence let inspite of three opportunities - It is high time that Courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process - If this menace is not controlled adequately, the litigant public may lose faith in the system..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1-- Review - Grounds - Held, apart from an error apparent on the face of record, on discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review, an order can be reviewed also "for any other sufficient..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Notice issued but no object filed till date - Directions issued to Court below to consider application for interim injunction and pass appropriate order without granting unnecessary adjournment to either party...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Power of attorney - Statements of power of attorney on both sides could be read in evidence as the facts relating to sale transaction having taken place in front of them were in their personal knowledge and, therefore, no, appearance of plaintiff and defendant themselves in the witness box could..........

Showing : 1031-1040 of 3033 Results