Showing : 51-60 of 654 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Non-framing of substantial question of law to examine the legality and correctness of any specific finding recorded by Courts below on the issues framed, would render those findings attaining finality for want of challenge, as no error was noticed by High..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, 99-- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Section 100-- Second appeal - Judgment - Challenge - In absence of any challenge to judgment and decree passed by High Court in second appeal, rejecting second appeal on ground that it lacked merit - Respondents/successors in title of plaintiff can neither succeed nor can be permitted to agitate before this..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Suit for permanent injunction - Ownership - Merely because possession of suit property was with plaintiff, by itself cannot be reckoned as evidence on issue of ownership of suit property when property is given to predecessor in title of plaintiff under old grant and owned by Government of India -..........
PATNA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8-- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal..........

Showing : 51-60 of 654 Results