PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Closure of plaintiffs evidence - Six effective opportunities for concluding evidence were availed by plaintiff but evidence not concluded - Case was adjourned for evidence of defendant - However, taking into account that plaintiff is to be cross-examined and is to lead evidence through one more..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for injunction - Petitioner claims to be owner in possession of a portion of suit land - However, petitioner herself admitted that her plot was different from suit property - Application for impleadment rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of evidence or proof adduced..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Once pleadings in previous suit have not been filed, bar of subsequent suit U.O.2.R.2 CPC cannot be examined...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Settlement deed not exhibited on file - Settlement deed if any has to be pleaded and proved - Once it is not part of file, High Court cannot look into document which was not proved before Court below, for the first time in exercise of its jurisdiction in second appeal - Second..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406-- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential ingredients of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleadings - Parties to suit cannot travel beyond pleadings so also the Court cannot record any finding on the issues which are not part of pleadings - In other words, Court has to record findings only on issues which are part of the pleadings on which parties are contesting the case - Any finding..........