Showing : 5191-5200 of 16792 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Application filed after commencement of trial - Reason given that certain fact were left out from being mentioned in the written statement - It was not even asserted that facts were not within knowledge and despite due diligence the same could not be mentioned in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 34-- Arbitral proceedings - Award of interest - Validity - Though agreement is silent about provisions regarding claim of interest, yet Court as well as Arbitrator appear to have exercised discretion while awarding statutory interest @ 18% per annum to respondents - Held, no interference is called for..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Proposed amendment to incorporate prayer for possession - Due diligence test not required to be satisfied when prayer for possession is sought to be introduced by way of amendment in a suit for specific performance - Such relief can be asked..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Arrest and detention - None of the provisions of the Code empowers the executing court to direct the police to arrest and produce the respondent in execution of the decree - Warrant of arrest issued by executing court has to be enforced through its officer...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Purposed amendment to seek relief of possession - Relief of possession is consequential to the relief of specific performance - As the suit is for specific performance, Article 137 Limitation Act has no application...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Request for assistance of police beyond territorial limits of jurisdiction of Court cannot be entertained...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Plaintiff sought minor correction in name of defendant - Not a case where serious discrepancy existed as to description of person - Notice directly reached defendant and he did not raise any objection stating that he is not addressee - He did not object for other particulars..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226-- Acquisition proceedings - Jurisdiction of Civil Court - Held, Civil Court has no jurisdiction to go into the question of validity or legality of notification and declaration - Only right available for aggrieved person is to approach High Court U/A 226 and Supreme Court U/A 136 with self imposed..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9, 21-- Jurisdiction of Civil Court - Objection as to exclusion - Held, objection as to exclusion of Civil Court's jurisdiction for availability of alternative forum should be taken before trial Court and at the earliest failing which higher Court may refuse to entertain plea in the absence of proof of..........

Showing : 5191-5200 of 16792 Results