Showing : 2031-2040 of 19364 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First Appellate Court - Neither points framed for determination nor recorded reasons based on evidence led by parties while reversing judgment of trial Court - Judgment of First Appellate Court, thus, contrary to provision of O.41.R.31 CPC and same set aside - Appellate Court directed to formulate..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for permanent injunction - Amendment sought at appellate stage after dismissal of suit - No plausible explanation as to why same was not sought in trial Court when plaintiffs was conscious of the same at the time of filing written statement - Amendment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Impleading a party - Suit for possession by way of specific performance - During pendency of suit another agreement to sell executed by defendant in favour of petitioner - Application for impleadment of petitioner as party rightly allowed, as he is necessary party to the suit...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- First Appeal - First Appellate Court can grant relief not prayed for in exercise of its discretion, when facts of such case demand its exercise - However, notice to parties shall be given while deciding appeal U.O.41.R.33 CPC...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profit - Wrongful possession of immovable property by the occupant is the essence of a claim for mesne profits and cause of liability of the occupier...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(12), 151-- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of..........

Showing : 2031-2040 of 19364 Results