Showing : 9251-9260 of 19901 Results

ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - A litigant who is unsuccessful in the lower Court cannot be permitted to patch up the weak parts of his case and fill up omissions, in the Court of appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 102-- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Production of - Defendant had examined as many as six witnesses before closing his evidence after tendering documents - He was fully aware of his case - Held, he cannot be allowed to fill up lacuna of his case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 173, Civil Procedure Code, 1908, Order 41, Rule 27-- Death in motor accident - Liability of insurer - Driver of the offending vehicle not having valid driving license - Insurance Company exonerated - Appeal in High Court - Owner and driver of the offending vehicle sought to produce additional evidence, by tendering valid driving license - Plea..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 102-- Second appeal - Meaning - Suit of plaintiff dismissed - Appeal of plaintiff allowed - Appeal by defendant - It is second appeal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 227-- Court proceedings - Correctness thereof - Challenge thereto - Procedure to be followed - Held, if a party thinks that happenings in court have wrongly been recorded in a judgment it is incumbent upon the party, while the matter is still fresh in minds of the Judges to call attention of the very..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Evidence Act, 1872, Section 116-- Tenanted premises a newly constructed shop - Civil suit filed for eviction by landlord after service of notice to quit u/s 106 of TPA Act - Simultaneous ejectment petition filed under Rent Act also - In the written statement in rent petition tenant admitted relationship of landlord and tenant but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 37, Rule 3, Civil Procedure Code, 1908, Order 38, Rule 5-- Summary suit - Leave to defend - Granted subject to furnishing security - Contention that when a case for leave to defend is made out, the defendant cannot be burdened with condition of furnishing of security - However, conditions for attachment before judgment are made out as defendant even..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 16-- Suit for specific performance of agreement to sell - Jurisdiction - No Court other than the Court where property is situated can entertain such suit even if there is an agreement between the parties to contract...........

Showing : 9251-9260 of 19901 Results