Showing : 4371-4380 of 7963 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10-- Suit U.O.1.R.8 CPC - Exparte decree passed - Execution - Respondent Nos.1 & 2 not party to the suit - Respondent Nos.1 & 2 seeking to set aside the exparte decree and for getting themselves added as additional defendant - Executing Court allowing applications for impleadment of the respondents so..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of opponent party as its own witness - There is no bar - However such an act being unusual it should only be permitted if the application for summoning the opposite party is bona fide and is not vexatious or an abuse of the process of the Court and that it is necessary to summon that..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witnesses - An application is to be filed stating the purpose for which the witness is proposed to be summoned - While allowing application to summon witnesses Court has to apply its mind and exercise discretion in a judicial manner...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b), Court Fees Act, 1870, Section 7(iv)(f)-- Suit for rendition of accounts - Approximate amount due stated in plaint as Rs.4.27 lacs - It is a wishful estimate of claim - There being no objective standard of valuation on the basis of which the Court could arrive at a definite conclusion U.O.7.R.11(b) of CPC directing the petitioner to affix..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A-- Additional evidence - Deletion of O.18.R.17-A CPC does not debar Court to allow additional evidence in exercise of inherent jurisdiction, at any stage, if justice so warrants...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Court while exercising its jurisdiction U.O.38.R.5 of the Code is required to form a prima facie opinion at that stage - It need not go into the correctness or otherwise of all the contentions raised by the parties - High Court directed appellants to furnish security -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 406, Civil Procedure Code, 1908, Section 25-- Transfer of writ petition, writ appeals and suits - Supreme Court ordered that all the writ petitions and writ appeals shall be heard and disposed by High Court - Also directed that writ petition will be tagged with writ appeals which were to be hard by Division Bench - Also directed that all..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 40-- Judgment of civil Court - Present defendant not party to that suit - Judgment neither falls within scope of S.40 Evidence Act nor provision of S.11 CPC applies. (Civil Procedure Code, 1908, S.11)...........
MADRAS HIGH COURT
Year of decision: 2008
Details
Electricity Act, 2003, Section 145, Civil Procedure Code, 1908, Section 9-- Electricity - Excess billing - Civil suit - Held, Civil Court has no jurisdiction in entertaining an injunction suit challenging electricity theft bill if plaintiff has not exhausted remedy contemplated under the Electricity Act...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1(3)-- Appeal - Deposit of decretal/some given amount - In absence of an application for stay of execution of decree, appellate Court has no power to order deposit of money - Deposit of money has no connection with the merits of case, which alone is the basis for admitting or not admitting an appeal...........

Showing : 4371-4380 of 7963 Results