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Results of code of civil procedure

Showing : 2011-2020 of 22422 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned down - Objection rightly..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 75, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Local Commissioner can be appointed to note down physical features - However, Local Commissioner cannot be appointed to make local enquiry of hearsay material from the persons gathered there or the like...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including the one, onus of which was..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 25, Guardians and Wards Act, 1890, Section 9(1), 25 -- Petition for custody of child filed by husband - Dismissal of transfer petition does not confer jurisdiction upon a Court which it otherwise does not vest in it as transfer of petition is permissible on the ground of inconvenience...........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge of plaintiffs they cannot..........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - Unless strong reasons are pleaded and Court is satisfied with such reasons, it is not desirable to re-open evidence, merely on the parties making such requests...........

JHARKHAND HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........

Showing : 2011-2020 of 22422 Results