Showing : 1301-1310 of 18083 Results

JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for declaration of title - Impleadment of vendor of property to plaintiff - Vendor having no substantial interest in suit and no relief in the suit has been sought against her - She is neither a necessary party nor a proper party in suit - Since vendor has no longer..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 39(4)-- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting..........
DELHI HIGH COURT
Year of decision: 2017
Details
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015-- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement U.O.8.R.10 CPC - Plaintiffs entitled to decree U.O.13A of Act, 2015 as said provision empowers Court to pass summary judgment without recording evidence, if it appears that..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 5, Rule 15-- Service of summons through adult member of family - Can be only if it is specifically so ordered by Court - Service through an adult member of family will not be justified unless a finding is recorded that he was not available in the residence or that there was no likelihood of his being found at..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in present case loses..........

Showing : 1301-1310 of 18083 Results