Showing : 5151-5160 of 18921 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 114, 60-- Review of order holding that gratuity payable to legal representative of deceased employee is liable for attachment - In view of the authoritative pronouncement of Supreme Court, even gratuity payable to legal representatives of deceased is not liable for attachment - Review petition allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- List of witnesses - Delay of 10 days in filing list of witnesses by plaintiff - Delay neither deliberate nor mala fide but delay was on account of illness of plaintiff - No prejudice by such delay caused to plaintiff - List of plaintiff's witnesses already on record and partly acted upon - Delay..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 13, Rule 3-- Admissibility of marked document - Even when a document is marked as an exhibit, objection to its admissibility can be raised at a later stage or even in appeal or revision if the objection relates to substantive law such as Registration Act or Stamp Act or other specific provision...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration that sale deed is null and void and result of fraud and misrepresentation - Amendment of plaint sought on the ground that after filing of written statement plaintiff came to know about a forgery and the same was sought to be incorporated by way of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Three issues viz. (a) issue relating to inherent jurisdiction; (b) limitation; (c) pecuniary jurisdiction tried as preliminary issues - Once the Court came to a conclusion that it does not have pecuniary jurisdiction to entertain the suit, it ought not to have proceeded for..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsoundness of mind - Enquiry as to unsoundness of mind - Trial Court not to step into the shoes of a Medical Expert to assess the unsoundness of mind of a person as Presiding Officer of a Court is not equipped with the knowledge or experience in medical field...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1(1), Civil Procedure Code, 1908, Order 3, Rule 4(1)-- Suit for specific performance - Withdrawal of suit by pleader without instructions of plaintiff - Pleader interested in suit property being karta of family in as much as sale deed was executed in favour of son of pleader - Held, withdrawal of suit by pleader cannot be said to be in good faith and..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Proceedings for eviction of unauthorised occupant of Wakf property - Proceedings not barred u/s 87 of Wakf Act, 1995, or any other law - Rejection of application, upheld...........

Showing : 5151-5160 of 18921 Results