Showing : 5171-5180 of 15367 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 3-- Restoration of suit dismissed in default - Typographic error in application regarding date of dismissal of suit in default - Party should not suffer because of any mistake in typing - Suit restored and plaintiff granted one more effective opportunity to produce his entire evidence at his own..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2- - Lessee in possession beyond lease period without consent of landlord - Not entitled to injunction...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - If summons not served then Court is not obliged to give any reasons other than that aspect - However, if case is that summons were not duly served and emphasis is on service and equally there is a sufficient cause which prevented the defendant from appearing then..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Non service of summons - Substituted service - Observation of trial Court with regard to validity of service of summons not based on record - There is absolutely no application of mind on the part of trial Court - There is complete non application of mind and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal of - Petitioner failed before both Courts to prove his ownership on the basis of some documents - Held, simply because suit filed by respondent No.1 has been dismissed, therefore, prayer of interim injunction should have been granted is not sufficient...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 16, Rule 10-- Witnesses - Summoning of - Diet money and process fee deposited - Witness refused to accept summons - Court to use coercive steps for procuring the attendance of the said witness and not that party should produce witness at his own responsibility - Held, Court to ensure the issuance of process..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151-- Handwriting expert - Sending document to handwriting expert for his opinion on certain discrepancy which came to knowledge after cross examination of expert - Discrepancy alleged was available on the file at the time of cross examination of expert - It will be presumed that petitioner was aware of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Jamabandis - Held, it is in the interest of justice that additional evidence which form part of official revenue record coming from proper custody is allowed to be taken on record - It shall not cause any prejudice to the opposite party, whose interest can be safeguarded by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Written statement - Amendment to introduce counter claim - Dismissal of application - Causes no prejudice to defendant when he has independent right to file a suit with respect to the matter for which he intends to raise counter claim - Petition dismissed...........

Showing : 5171-5180 of 15367 Results