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Showing : 5241-5250 of 26909 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Ad valorem court fee - Held, court fee is to be payable as per the relief claimed in counter claim...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore,..........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit for declaration that suit properties belongs to Madarsa - Plaintiff pleaded that suit properties were purchased through registered sale deed by plaintiffs - However, it does not reflect from sale deeds that lands comprised therein were purchased for Madarsa - Name of office bearers of Madarsa not..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of deciding application for amendment of plaint, merits of amendment not to be gone into - Impugned order set aside - Amendment of plaint allowed - Respondent shall be at liberty to raise objections relating to concerned amendment and if required issues may also be additionally framed for..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of possession, as plaintiff dispossessed during pendency of suit - Such amendment which is on account of development during pendency of suit, should not normally be declined - Delay of 1 year and 3 months also cannot..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, mandatory and permanent injunction - In the instant case, plaintiff sought injunction restraining defendants from changing use of land from cremation ground to any other purpose - Factum of cremation ground having been shifted long time back at distance place not denied - Even, no evidence has..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at belated stage - O.41.R.27 CPC does not permit taking of additional evidence unless lower Court has wrongfully refused to admit the same or party producing additional evidence could not introduce his evidence in lower Court for the reason enumerated in O.41.R.27(aa) CPC...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 66, 64 -- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to deprivation of property of JD..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is obligatory on the part of Court to arrive at an opinion that a local investigation is requisite or proper for purpose of elucidating any matter in dispute - When this expression is occurring Court below is not right in just writing that no prejudice would be caused to opposite party..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non-filing of written statement within prescribed period - Striking off defence - Written statement filed after 3 years and 8 months which is beyond 30 days prescribed under the Code which could be extended upto 90 days from date of issue of summons - Thus, it shows that defendants wanted to linger on the..........

Showing : 5241-5250 of 26909 Results