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Showing : 1571-1580 of 23550 Results

ORISSA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Application seeking relief U.O.11.R.11 and in the alternative relief sought U.O.11.R.21 CPC - Relief not sought under both the provisions simultaneously - Relief U.O.11.R.21 can be granted after passing an order U.O.11.R.11 CPC - Even if both the reliefs were prayed simultaneously, Court ought to consider the relief..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Question of mistaken identity cannot be gone into in a suit for specific performance - Parties in question neither necessary nor proper party to lis, as plaintiff does not claim anything against them - Application dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband willing to bear travel expenses for those hearings when presence of wife is required before trial Court - Husband cannot determine when wife is to attend the hearing - Husband liable to pay Rs.600/- for every visit which wife may make to attend the hearing - Husband directed to deposit..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witnesses - U.O.18.R.17 CPC Court has power to recall any witness at any stage but such power cannot be used to fill omission in evidence of a witness who has already been examined...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witnesses - Filing of application u/s 151 CPC for seeking inherent power of the Court cannot be utilized in place of O.18.R.17 CPC - In the present case, witness was cross-examined by counsel for plaintiff on two dates - Cross-examination of such witness after tendering his evidence shows the..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Substituted defendant - No right to file written statement afresh - Rather an additional right is conferred upon duly substituted defendant to take all permissible pleas available to him by dint of his character as legal representative of prepositus...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Marriage dispute - Petition for transfer from Mumbai to Delhi - Compromise - Parties to file a formal application u/s 13-B of Hindu Marriage Act before Supreme Court on realisation of amount of five crores as agreed between parties - Marriage petition pending in Court at Mumbai shall stand..........

Showing : 1571-1580 of 23550 Results