Showing : 2091-2100 of 16792 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5-- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of sale - Thus, delay..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1-- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 64-- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission contemplated U.O.12.R.6 CPC, cannot be equated to fiction of a deemed admission U.O.8.R.5 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 15, Rule 1-- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Evidence in rebuttal can be adduced by plaintiff only on those issues the burden to prove of which is on defendant...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3)-- Production of documents - Duty of Court - Where Court is of the view document is necessary for proper adjudication of case, even in absence of prayer from either of the parties, Court is at liberty to call for a document...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 30, Order 7, Rule 14(3)-- Production of documents - At the stage of examination-in-chief - Documents are relevant and indispensable for proving the case of plaintiff - Plaintiff had already produced photocopy of document at threshold, so defendants had due notice of the same - Merely because plaintiff did not file a formal..........

Showing : 2091-2100 of 16792 Results