Showing : 91-100 of 274 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A, Patents Act, 1970, Section 64- - Counter-claim - Revocation petition - Infringement suit - Respondents in their capacity as `any person interested' had filed revocation petition before institution of an infringement suit - Held, they cannot be permitted to file `counter-claim' on same cause of action - While `revocation..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for specific performance - Cause of action had already arisen when written statement was filed - Counter claim filed by defendant in respect of right to claim damages and compensation from plaintiff cannot be allowed at belated stage after commencement of trial as it is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Defendant can set up counter-claim either before or after filing of suit but before defendant has delivered his defence or before time limited for delivering his defence has expired and not otherwise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to set up plea of counter-claim - If counter-claim is not set up by defendant in original written statement, it should be refused to be taken on record and it is not permissible to file counter-claim after filing of written statement - Rejection of application -..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92-- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92 Evidence Act, has to be ignored - Held, once the title..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Defendants can set up by way of counter claim a prayer for setting aside a Gift Deed in a suit for recovery of possession u/s 6 of SRA - However it need not be considered along with the suit - Court can exclude counter claim on motion made by plaintiff U.O.8.R.6-C, CPC...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Suit for recovery of possession - Nothing precludes the parties from filing Civil Revision Petition and an appeal suit independently against the verdicts in suit and counter claim and later club together the cases for hearing...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Mere fact that counter claim has been permitted to be set up by way of amendment to written statement does not disable the Court from excluding it later - Plaintiff is entitled to file an application for exclusion of counter claim notwithstanding the fact that the same..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Defendant can claim any right by way of counter claim in respect of any cause of action that has accrued to him even though it is independent of cause of action averred by plaintiff and have same cause of action adjudicated without relegating defendant to file a separate suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written..........

Showing : 91-100 of 274 Results