Showing : 1261-1270 of 18083 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleadings - Parties to suit cannot travel beyond pleadings so also the Court cannot record any finding on the issues which are not part of pleadings - In other words, Court has to record findings only on issues which are part of the pleadings on which parties are contesting the case - Any finding..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Non-framing of substantial question of law to examine the legality and correctness of any specific finding recorded by Courts below on the issues framed, would render those findings attaining finality for want of challenge, as no error was noticed by High..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 25, Guardians and Wards Act, 1890, Section 9(1), 25-- Petition for custody of child filed by husband - Dismissal of transfer petition does not confer jurisdiction upon a Court which it otherwise does not vest in it as transfer of petition is permissible on the ground of inconvenience...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Substitution - Probate proceedings - `M' through his power of attorney filed a probate petition qua Will 1990 - During pendency of proceedings `M' died - Power of attorney of `M' seeking his substitution in probate proceedings on the basis of Will 2007 executed by `M' in his favour - Since nature..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27(aa)-- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce..........

Showing : 1261-1270 of 18083 Results