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Results of code of civil procedure

Showing : 3011-3020 of 22422 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself occurred - Since averments in..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a), Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Relevant facts which need to be taken into consideration for deciding application U.O.7.R.11(a) & (d) CPC are the averments made in the plaint and the pleas taken by defendant in written statement would be wholly irrelevant at that stage and the..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of Legal heirs - Question for determination of heirship is not a declaration, but an issue as to who is the actual legal heir of deceased...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being influenced by findings returned in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Once document is admitted in evidence and marked without objection, same is not liable to be questioned at later stage that mode of proof ought to have been different as per law - However, it does not compel Court to accept document as nomenclature or to accept purpose for which it have been..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Suit for declaration that rejection of bid is invalid and mandatory injunction to accept highest bid - Valuation of suit not to be less that bid amount - Plaintiff directed to pay the ad valorem Court fee not only before Trial Court but also before High Court - Plaintiff directed..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - A witness not named in the list of witnesses cannot be allowed to be examined as a witness at the fag end of trial - Moreover, recall of a witness is only when a witness is examined - Application for summoning witness rightly rejected...........

Showing : 3011-3020 of 22422 Results