Showing : 5961-5970 of 16795 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b)-- Additional evidence - If Court finds that the documents sought to be produced in additional evidence are relevant to decide the real issue in controversy and further the Court feels that interest of justice requires that the documents may be received and the kinds of documents are such, the..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Relief sought in the present suit was in the knowledge of plaintiff at the time filing of earlier civil suit - Held, suit is barred U.O.2.R.2 CPC...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b)-- Additional evidence - Jamabandis - Can be allowed to be produced on record even if these were within knowledge of the party as jamabandis cannot be created or manufactured for the first time after the decision of the suit - Evidentiary value thereof has to be considered by Court in the light of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second Appeal - Land of plaintiff encroached by defendant - Failure to prove the same as no demarcation report placed on record - Not disclosed the basis on which encroachment alleged - Held, no question of law involved - Appeal dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Suit for specific performance - Additional evidence - No explanation why certified copy of alleged agreement was not produced by plaintiff at appropriate stage of his evidence - Said agreement was well within knowledge of present plaintiff while plaintiff was leading his evidence - Held, only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Held, where onus of issue was on petitioner-plaintiff and in discharge thereof, she has already led evidence, after conclusion of evidence by defendants, petitioner-plaintiff cannot be permitted to rebut same...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Possession alleged to be delivered in pursuance of agreement to sell - Plaintiff alleged to have inserted her name in agreement to sell entered by defendant with another person - Held, plaintiff is not entitled to injunction in absence of any evidence for claiming..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9-- Confer of jurisdiction by agreement - Not permissible - Held, parties can enter into an agreement for enforcement of legal rights and subjecting themselves to obligations but cannot agree to confer jurisdiction by agreement on a Forum or a Tribunal - Parties cannot agree to confer jurisdiction on..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 23, Rule 1(4)-- Bar to subsequent suit - Previous suit filed on mere apprehension of dispossession from the plot in dispute - Subsequent suit filed when he actually stood dispossessed during pendency of that suit - It gives rise to fresh and an independent cause of action for filing suit for possession - Suit..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Withdrawal of suit - At the time of withdrawal of suit for injunction, no permission for institution of fresh suit for possession was required as plaintiff had been dispossessed during pendency of that suit - O.23.R.1(4) not attracted in the facts of present case...........

Showing : 5961-5970 of 16795 Results