Showing : 161-170 of 828 Results

UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - In the fitness of things two suits ordered to be consolidated and making the previously instituted suit as the leading one...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, 151, Order 7, Rule 11-- Deficient court fee - Extension of time to pay - Court can extend time when plaintiffs fails to pay deficient court fee within time granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A-- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Inherent power - Courts should not exercise inherent power when alternative efficacious statutory remedy is available - Inherent power has its roots based upon concept of necessity - Inherent powers should be exercised by Court to do ex-debito justicial - Inherent power should be exercised with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Application for demolition of triple story building constructed by petitioner - Petitioner purchased the suit property after a decree passed in favour of DH - Being transferee pendente lite, petitioner is not entitled to protection of law in view of O.21.R.102 CPC - Moreover, such an issue has to..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration application -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Re-opening of evidence - Inherent powers of Court - Suit for specific performance - Failure of Power of Attorney holder of plaintiff to give reply to suggestions/questions put in cross-examination by defendant - Plaintiff cannot be permitted to re-open the evidence as it will provide a chance to..........

Showing : 161-170 of 828 Results