Showing : 1341-1350 of 18638 Results

CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Suit for specific performance - Frustration of contract - Not a ground to reject plaint...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Written statement was filed in the year 1995, which was much before commencement Act of 2000, consequently amended provision of O.6.R.17 CPC would not be applicable - Trial Court not justified in rejecting application by applying amended provision of O.6.R.17 CPC -..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Plaint can be rejected only when it does not disclose cause of action - While deciding application it is averments made in plaint which shall be considered - Defence set by defendant shall not be considered at all...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10, 151-- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Question as to when cause of action arouse, is a matter to be considered by trial Court with regard to conduct of plaintiff being ready and willing to perform his part of contract or not - Plaint cannot be..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Execution of agreement between parties can be seen from the plaint - Subsequent acquisition of land and its de-notification is also on record - Whether acquisition of land by authority frustrated the..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Additional written statement - After nine years of filing of written statement - Name and address of the left out parties and also address of left out properties not furnished in additional written statement - Impugned order allowing application set aside...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58(4)-- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Filing of documents after closure of evidence - Court cannot grant leave to file documents at a belated stage for mere asking - Plaintiff who seeks to file documents at such stage, has to satisfy two conditions namely; (a) documents are necessary for deciding the real controversy in suit (b)..........

Showing : 1341-1350 of 18638 Results