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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for eviction - Issue raised going to root of matter regarding jurisdiction - Tenant stated a subsequent notification was issued during pendency of suit whereby property came within the ambit of Rent Act, is not to be gone into at the time of deciding application of rejection of plaint - Held, a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 13, Rule 1 -- Mode of proof of a document and admissibility - Difference - Objection - Mode of proof of a document is a matter of procedure while its admissibility is a matter of substantive law - If the objection is as to the admissibility of the document, then mere marking of document as an `exhibit' does not preclude any objection being..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 13, Rule 1, Evidence Act, 1872, Section 61 -- Secondary evidence - Admissibility - Principle of waiver - When no objection is raised at the stage when secondary evidence is adduced, no objection can be permitted at any later stage - Petition dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Court of Appeal - Even in absence of any cross-objections or appeal, the first Appellate Court pass an order on the basis of evidence on record...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Court of Appeal - Ownership of land/Street - Mere assertion of plaintiff that street in question is a public street is not an evidence - In absence of any evidence on record, street in question cannot be called public street - Even on re-appreciation of evidence, there is no substantial question of law - Judgment..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - Inference in second appeal could only be made if substantial question of law arises...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Second Appeal - Once the execution of attorney is to be fraudulent, all the transactions based thereon become void and, therefore, question of document having proper source or performed in normal course of business do not arise at all...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 100 -- Second Appeal - Case in not of ex parte rather case of striking down the defence for want of evidence and for want of payment of cost - No such cross-objections were filed before First appellate court - Held, cross, objections are without any force..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - To give finality to a lis in original or appeal proceedings - in substance it means that an issue of a point decided and attaining finality should not be allowed to be re-opened and re-agitated again and is based on principle of equality, good conscious and justice - Where there is no final decision..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Res judicata - Will - Property in suit was given to Respondent no.1 and his wife - Compromise was effected between petitioner family, but petitioners was not the party to compromise - Plaintiff cannot be barred from filing fresh suit - Fact that petitioner was ex parte or had contested the suit, in no manner,..........

Showing : 5571-5580 of 23540 Results