Showing : 1271-1280 of 16971 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10A(2)-- Lack of territorial jurisdiction - Return of plaint - O.7.R.10-A(2) CPC, oblige the plaintiff to make an application to Court specifying the Court in which he proposes to present the plaint after its return...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Absence of pleadings - Bona fide purchasers - Suit for specific performance - Defendant Nos. 2 and 3 neither pleaded that they are bona fide purchasers nor they have led any evidence in this regard - Since there was no pleadings, therefore, no issue was framed by trial Court on this aspect -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Relief - When a party makes a larger claim but deserves only a smaller relief, Court in the interest of justice, can grant the same though not asked for but converse is not the rule...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment allowed on following grounds: (i) proposed amendment is on facts and defendants in substance seek to elaborate facts originally pleaded in written statement; (ii) it is in nature of amplification of defence already taken; (iii) it does not introduce any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is hardly distance of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Time was not the essence of contract as per agreement to sell - Commencement of period of limitation computed from the date of refusal of defendants to execute sale deed and refusal whereof is to be gauged from the factum..........

Showing : 1271-1280 of 16971 Results