Showing : 1391-1400 of 19734 Results

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 - After examination of eight witnesses plaintiff tendered his affidavit of examination-in-chief - No objection raised by defendant at that stage - Permission was thus impliedly granted - On the next date of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to S.34 of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27-- Summons - Mentioning of specific "day, date, year and time" in the summons is a statutory requirement - It is not an empty formality - If specific day, date, year and time for defendant's appearance in Court concerned is not mentioned in summons though validly served on defendant by any mode of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27, Order 5, Rule 20(3)-- Service of summons - Expression "time" in O.5.R.20(3) CPC has to be read harmoniously and in juxtaposition with the requirement of mentioning of specific "day, date, year and time" in the summons prescribed u/s 27 r/w statutory format Process IA of Appendix-B appended to CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 27-- Service of summons - Object of service of summons is essentially threefold: (i) it is to apprise defendant about filing of a case by plaintiff against him; (ii) to serve defendant with copy of plaint filed against him; (iii) to inform defendant about actual day, date, year, time and particular..........

Showing : 1391-1400 of 19734 Results