Showing : 2161-2170 of 19731 Results

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...........
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 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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner at belated stage - Encroachment - Demarcation of suit property - Encroachment made during pendency of suit - In order to appreciate the facts and circumstances of case and also evidence available on record, local inspection therefore, is essentially required to be..........
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Civil Procedure Code, 1908, Section 151, Order 23, Rule 4-- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on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..........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16-- Divorce - Non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - Pleadings of defaulting party struck off - Order upheld...........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16-- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having jurisdiction, non payment definitely amounts to a contumacious conduct on..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(2)-- Decree - Rejection of plaint U.O.7.R.11 CPC - Amounts to decree...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Existence of arbitration clause - Would only entail an order u/s 8 of Arbitration and Conciliation Act to refer dispute to arbitration - Mere existence of arbitration clause in agreement between parties, does not precludes any person from instituting a civil suit - Order of..........

Showing : 2161-2170 of 19731 Results