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Showing : 1771-1780 of 27113 Results

CALCUTTA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - In the garb of a review application re-arguments on merits of case cannot be allowed...........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of fact that plaintiff was in possession of suit property on the date of suit is not open to challenge in second appeal even if appreciation of evidence is wrong and finding of fact is incorrect...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Evidence Act, 1872, Section 74, 64, 77, Civil Procedure Code, 1908, Section 2(17) -- Right to Information Act, 2005 - Response provided under RTI Act - Public Information Officer under RTI Act is a `public officer' and thus response provided by him falls within ambit of a public document which can be proved either by adducing original copy of the same or by filing a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law for consideration will not arise in abstract but in all cases will emerge from facts peculiar to that case and there cannot be strait jacket formula...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - When divergent findings on fact were available before High Court in an appeal u/s 100 CPC though reappreciation of evidence was not permissible, except when it is perverse, but it was certainly open for High Court to take note of case pleaded, evidence tendered, as also findings..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Merely because High Court refers to certain factual aspects in the case to raise and conduct on question of law, same does not mean that factual aspect and evidence has been reappreciated...........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - Suit for permanent injunction - Plaintiff except contending that suit property was being enjoyed for past 40 years by paying kist has not in fact referred to manner in which such right had accrued so as to suggest or indicate unassailable right to be in physical possession - He himself..........

Showing : 1771-1780 of 27113 Results