Showing : 2111-2120 of 16795 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Mandatory injunction in temporary form - Removing construction/wall and to make available right of access/way to plaintiff - Plaintiff not filed any documentary evidence to establish that he is using way for last 20-22 years uninterruptedly - Prima facie there is no case in favour of plaintiff to..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration and injunction - Petitioner purchased property from plaintiff prior to institution of suit - Said property included in scheduled property - If suit of plaintiff is decreed it will affect right of petitioner - Petitioner is absolute owner of scheduled..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the order..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4-- Recording of evidence by video/audio/teleconferencing or internet conferencing - It is legally permissible both in civil, criminal and matrimonial matters, where attendance of witness cannot be ensured without delay, expenses and inconvenience...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the stay of criminal defamation case by claiming benefit u/s..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Recording of evidence - Words `Witness in attendance' shall be taken as person being present - It need not be physical presence, thus, recording of evidence through audio, video link or through internet by Skype or similar technological device is permissible complying words in attendance...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 4(4), 12-- Recording of evidence on commission - Commissioner has to observe and record demeanor of witnesses or such other remarks or objections in depositions as per O.18.Rr.4(4), 12 CPC - While video or internet recording of evidence and presenting same in electronic disk, Court during arguments can go..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 10, Rule 2-- Examination of a party - Application U.O.10.R.2 CPC is not required - Even if such an application is filed the same is not barred and cannot be held to be not maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Civil Procedure Code, 1908, Order 18, Civil Procedure Code, 1908, Order 16-- Presence of parties and witnesses - Does not mean actual physical presence either in Court or before officer of Court, particularly in matrimonial matters...........

Showing : 2111-2120 of 16795 Results