Showing : 1231-1240 of 19364 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - It is permissible with respect to cause of action which arose before filing of suit or after filing of suit but before written statement was filed or time for filing written statement has elapsed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Permission to sue as indigent person - Plaintiff filed an application to sue as an indigent person after filing of suit - Documents on record shows that plaintiff sold various properties during pendency of suit - Plaintiff did not disclose the purpose for which he utilized sale proceeds -..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of a party - It is the duty of pleader to communicate to Court regarding death of a party and for that purpose contract between pleader and deceased party shall be deemed to subsist...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court cannot short circuit proceedings and non suit plaintiff based on material other than plaint averments while exercising jurisdiction U.O.7.R.11 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of a party - Period of 90 days commence from date when pleader informs Court regarding death of his client...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court below while rejecting plaint has not based its decision on plaint averments only - On the contrary it has looked into material produced by defendants - Such an approach on the part of Lower Court runs contrary to legal position - While rejecting plaint averments in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........

Showing : 1231-1240 of 19364 Results