Showing : 2121-2130 of 19364 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i)-- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore, application allowing impleadment of earlier..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - It cannot be said that there is no relevance to the document in question - Appellate Court directed to take up said application and dispose of the same along with appeal...........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complaint filed in respect of civil matter already pending - Agreement to sell alleged to be forged after gap of six-seven years and that too without showing any real basis for establishing commission of offence - Intention to give criminality to essentially a civil dispute -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues - Issue of adverse possession framed - Issue of adverse possession is more pervasive in nature and virtually covers plea of easementary right also...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Non framing of an issue - Where parties are well aware about each others claim, lead evidence, make submissions during arguments without asking for framing of a particular issue, failure to frame an issue, in such circumstances, does not vitiate the decision nor cause any prejudice to parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 4-- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on technicalities instead of appreciating substantial aspect of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Encroachment - Demarcation of suit property - Demarcation report of adjoining land to suit property, as obtained by defendants - Cannot be considered to find out encroachment if any made by defendants over suit property...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties..........

Showing : 2121-2130 of 19364 Results