Showing : 1441-1450 of 16782 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - It is discretion of Court to try an issue as a preliminary issue or not, according to the circumstances of each case...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First appeal - First Appellate Court has jurisdiction to reverse or affirm the findings of trial Court - However, when first appellate Court reverses findings of trial Court, it is expected to record findings in clear terms, specifically stating therein, in what manner, reasoning of trial Court is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Mixed issue of law and fact - Cannot be treated as preliminary issue...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First appeal - It is a valuable right of parties and parties have right to be heard both on questions of law and also on facts - First appellate Court required to address itself to all issues and decide the case by giving reasons in support of such findings...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e)-- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine, Court may..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - For invoking O.21.R.29 CPC, there should be simultaneously two proceedings in one Court - One is proceeding in execution at the instance of DH against JD and other a suit at the instance of JD against DH...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC -..........
MANIPUR HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Sum of Rs.30 lakhs paid by plaintiff to defendant on execution of promissory note - Defendant denied owing anything to defendant - Plea also taken that promissory note is forged and fabricated - Plea without substance being not based on any probable defence - Trial..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 500-- Defamation - Publication issued on behalf of accused to protect their interest in the property regarding which civil suit was already filed by accused against complainant - Complainant during pendency of civil suit in violation of injunction order sold eight plots, then, action of accused..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 60(1)-- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it..........

Showing : 1441-1450 of 16782 Results