Showing : 1291-1300 of 19734 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court can consider both the applications together or independent of each other - If Court considers application U.O.7.R.11 first then Court to consider plaint as a whole - In case Court considers application U.O.6.R.16..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still remain, not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Election petition - Rejection of petition U.O.7.R.11 CPC - An application for rejection of election petition in limine purportedly U.O.7.R.11 CPC for non disclosure of cause of action, ought to be proceeded at the threshold...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - Plaintiff not intending to lead evidence and stating that he may be given opportunity to adduce rebuttal evidence - In view of such stand taken by plaintiff, it is for defendants to lead his evidence and thereafter trial Court will grant an opportunity to plaintiff to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Police help - Expenses for seeking police help - To ask D.H. to deposit expenses for police help is not appropriate in absence of any specific legal provision regarding this aspect - Direction to D.H. to deposit expenses of police help, set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits,..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - Expression "unless the defendant admits the facts alleged by plaintiff" as occurring in O.18.R.1 CPC, held to include all facts, averments and allegation or all material facts, averments and allegations in plaint - It is thus, not just enough if defendant admits only..........

Showing : 1291-1300 of 19734 Results