Showing : 2031-2040 of 18083 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 35, 35A-- Exemplary costs - Frivolous litigation - Eviction decree - Non vacating premises despite an unconditional undertaking to vacate - It would be manifestly an abuse of the process to seek recourse to remedies on merits of the issues - Costs imposed of Rs.5 lakhs with other directions to vacate the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 24-- Transfer of petition for restitution of conjugal rights - Transfer petition become infructuous and does not survive in view of subsequent development that has taken place i.e grant of `triple talak' by husband - However, wife filed an application seeking directions for visitation rights - Matter..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 35, 35A-- Exemplary costs - Frivolous litigation - Imposition of exemplary costs is a necessary instrument which has to be deployed to weed out, as well as to prevent the filing of frivolous cases - It is not merely a matter of discretion but a duty and obligation cast upon all Courts to ensure that legal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Plea of estoppel, acquiescence etc. have to be specifically pleaded and proved...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 44, Rule 1-- Appeal by indigent person - Lower appellate Court while dismissing application for seeking permission to file appeal as pauper, neither report of Collector taken into consideration nor provision of O.33.R.1 CPC considered - Petitioner is very poor having no house to live in and residing in rented..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of Plaint - Sought on the basis of arguments raised - Cannot be allowed because during course of arguments there can always be many hypothesis built on the proven facts of a case and if amendments are allowed only on the basis of arguments raised, then proceedings can never be brought to..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 16-- Examining defendant immediately - Defendant is old woman of 80 years and suffering from paralysis - She is about to leave jurisdiction of Court for her better treatment where her grandson is residing - Application rightly allowed by trial Court by assigning reasons, which cannot be said to be..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 7-- Document not properly stamped - Objection as to admissibility of document - Can be raised at a later stage, though no such objection was raised during trial - Since no stamp duty and penalty were paid, the said document is directed to be de-exhibited from the record...........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Plea of fraud - Agreement to sell - Defendant woefully failed to give particulars of fraud alleged - There was thus, no strong basis in the pleadings about fraud - If really fraud was committed on defendant, certainly defendant and his sons would have not kept silent - Their conspicuous silence..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Inherent powers of Court - It is in addition to and complimentary to powers expressly conferred upon Court - Such powers can be exercised to serve the ends of justice but not to be exercised in derogation of express provisions of law...........

Showing : 2031-2040 of 18083 Results