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Showing : 8021-8030 of 26909 Results

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - L.R's impleaded - Legal heirs of original defendant are not only bound by the agreement executed by him, but also by the pleas taken by the original defendant in his written statement before the trial Court...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151 -- Power of Court - Court has to exercise discretionary power vested in it by virtue of S.151 CPC judiciously based on sound principles of law in order to secure ends of justice...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of criminal proceedings - While exercising inherent jurisdiction u/s 482 Cr.P.C., it is not for High Court to appreciate the evidence and its truthfulness or sufficiency inasmuch as it is the function of trial Court - High Court`s inherent powers, be it, civil or criminal matters, is designed to..........

ORISSA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed application to adduce rebuttal evidence before defendants began their evidence - There are several issues in the suit and burden lies on defendants to prove some of the issues - Moreover, plaintiff already granted time to adduce further evidence - Rejection of application to adduce rebuttal..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only plaint averments are to be looked into and if without any doubt or dispute, the suit is barred by any law in force, then alone such an application can succeed - Disputed questions cannot be adjudicated at the time of consideration of application U.O.7.R.11 CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil court - In the peculiar facts and circumstances of the case, Court was required to have at least framed a preliminary issue relating to maintainability of suit and after allowing the parties to lead evidence on the issue of jurisdiction, proceed with the adjudication of suit...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9.O -- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on the earlier dates of hearing, if..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........

Showing : 8021-8030 of 26909 Results