Showing : 2071-2080 of 16795 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4)-- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W S.34 of SARFAESI Act, as it specifically provides bar of jurisdiction of civil Court - Only remedy available is to approach Tribunal under the provisions of DRT Act to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2-- Issues - Plea of non framing of proper issues as per pleadings of parties - Issues were framed in the presence of Advocate and issues were read over and explained to parties - Framing of additional issue was not sought in the trial Court - Held, non framing of issue not fatal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59-- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Divorce proceedings - Papers sought to produce by way of additional evidence relating to beatings given by husband to one `D', who is not a party to the suit and which is not relevant at all to decide the lis and has got no relation with the matter -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1-- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Preliminary issue - Mixed question of law and fact - Cannot be decided as preliminary issue - To be decided finally at the time of deciding the suit...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Court may pass decree on admission not only on application of a party but also suo motu...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Decree on admission - Non-denial of facts - Tantamount to admission as per O.8.Rr.3 to 5 within the meaning of O.12.R.6 CPC...........

Showing : 2071-2080 of 16795 Results