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Showing : 5701-5710 of 22595 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Proviso to O.6.R.17 CPC obligates the person applying to plead and prove that in spite of due diligence he could not bring the aspect covered by such amendment to the consideration of the Court earlier - Such ingredient or contingency of due diligence is a sine qua non for..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Neither issues framed nor trial commenced - Amendment application erroneously rejected on ground of delay and limitation - Order not sustainable - Matter remitted to consider application afresh in accordance with law...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Determination of question as to who is legal representative - An order on the substitution application U.O.22.R.5 CPC is only for the limited purpose of representation of the estate of the deceased in a pending proceeding for the purpose of adjudication of that case - Such determination for such..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Amendment of written statement - Equitable set off - Plea of equitable set off is independent of provisions of CPC - It is different from legal set off and is sought when there are mutual debits or credits or cross demands arising out of same transaction - Such plea cannot be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Not conclusive as to any matter directly adjudicated upon between the parties if : (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of the case; (c) it is founded on an incorrect view of international law or a refusal to recognize the law of India in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 13, 11, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13 -- Divorce - Foreign judgment - Rejection of plaint on grounds u/ss 11 & 13 CPC - Principles summarized with a word of caution that they should be applied on a case to case basis...........

MANIPUR HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Oral examination instead of examination-in-chief in the form of an affidavit - Only a procedural irregularity - No prejudice caused - When no prejudice is caused then entire proceedings cannot be treated to be vitiated...........

MANIPUR HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issue with regard to defence taken in written statement - Defendant never objected and never filed an application for framing additional issue during pendency of suit - Moreover, defendant also led evidence to some extent during his oral examination i, chief and had not made any mention of any document in..........

MANIPUR HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Defendant in his written statement not only admitted receipt of loan from plaintiff but also admitted that he was to pay back said amount with interest - Said admission appears not only in written statement but also in evidence of defendant - Decree passed on basis of such admission, held, proper...........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of process server that defendants are not residing at the given address - After five days Vakalatnama was filed by an Advocate followed by written statement where virtually admissions were made and finally a family settlement deed - Court compared the signatures on documents and found..........

Showing : 5701-5710 of 22595 Results