Showing : 2171-2180 of 18064 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Striking off defence - Delay in deposit of rent - Suit for arrears of rent and eviction filed in the year 1985 and written statement filed in the year 1986, but rent for first time deposited in the year 2003 - Explanation or reason for not depositing the rent that lessee was not obliged to deposit..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 4-- Amendment of written statement - L.R's of deceased defendant cannot amend written statement and raise a plea which his predecessor failed to raise till trial commenced, unless it is shown that in spite of due diligence deceased defendant or his L.R's could not bring on record the facts which are..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Substitution of Legal heirs - Question for determination of heirship is not a declaration, but an issue as to who is the actual legal heir of deceased...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Admissibility of document - Once document is admitted in evidence and marked without objection, same is not liable to be questioned at later stage that mode of proof ought to have been different as per law - However, it does not compel Court to accept document as nomenclature or to accept purpose..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226-- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it may not be an absolute rule in every given situation,..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Devolution of interest - From third party and not from plaintiff - For impleadment on ground of devolution of interest the same must be from plaintiff and not from third party as in that case devolution does not connect plaintiff with interest in the suit property and accordingly application is..........

Showing : 2171-2180 of 18064 Results