Showing : 11-20 of 274 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A(1)-- Counter claim - After filing of written statement, counter claim is maintainable - However, cause of action must have accrued to defendant before filing of written statement or before time limited for delivering his defence has expired...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - It has the same effect as a cross suit...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6E-- Time to file reply to counter-claim - No default on part of plaintiff - Court is duty bound to give time to plaintiff in terms of O.8.R.6-A of CPC and if within prescribed time plaintiff fails to file his reply to counter-claim then Court may pronounce judgment against plaintiff...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for specific performance - Once property was sold by defendant to a third party and if third party had benefited or gained substantially, thereby, it is not open to defendant to make a complaint at a later point of time to say that he is entitled to file a `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 - 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, court fee..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Rejection of counter claim - Circumstances and conditions under which counter claim can be rejected are : (a) Wherever defence to a suit can survive even if counter-claim goes, then Court will be entitled to invoke O.7.R.11 CPC and reject the counter-claim; (b) Wherever defence to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Rejection of counter claim - In addition to parameters provided in O.7.R.11 CPC, Court may also have to examine as to whether rejection of counter-claim would have the effect of striking off the defence or rendering defendant defenceless...........

Showing : 11-20 of 274 Results