Showing : 1381-1390 of 19734 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration - High Court allowed second appeal without hearing subsequent purchaser who allowed to become a party respondent along with plaintiff - Application of subsequent purchaser u/s 151 r/w O.41.R.21 CPC praying for an opportunity of hearing also dismissed by High..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Framing of substantial question of law while passing final judgment in its concluding para is wholly contrary to scheme of S.100 CPC which renders the judgment of High Court legally unsustainable, as High Court was under legal obligation to frame substantial question of law at the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Framing of substantial question of law - Once High Court is satisfied that appeal involves a substantial question of law, such question shall have to be framed u/s 100(4) CPC - It is framing of question which empowers High Court to finally decide appeal in accordance with procedure..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law at the time of admission or before final hearing of appeal - There remains nothing for respondent to oppose second appeal at the time of hearing - High Court thus, have no jurisdiction to decide such second appeal finally for want of any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 10(2)-- Report of Local Commissioner - There is no provision for filing objections to Local Commissioner's report...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Report of Local Commissioner - It is evidence in suit by forming part of record - With permission of Court any of parties can examine Commissioner personally in open Court pertaining to report and its investigation - Inspection by Local Commissioner was made in presence of parties - Said report..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Report of Local Commissioner - Local Commissioner did not take measurements by taking permanent point of one stone to other stone for purpose of determination of encroachment - It was just an eye wash to conduct demarcation in compliance of order of Court - Nothing prevented plaintiff to summon..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17-- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff payable to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Provision of O.18.R.3-A CPC is procedural in nature and cannot be enforced strictly - If there is substantial compliance of provision, that will be sufficient...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as its own witness - Permission to appear after examination of other witnesses - There is no requirement of filing an application - Permission can be granted orally or by implication...........

Showing : 1381-1390 of 19734 Results