Showing : 31-40 of 276 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way..........
GAUHATI 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 by invoking jurisdiction U.O.7.R.11 CPC - Counter claim cannot be rejected on the ground that it is unrelated with the subject matter of title suit - However, Court can direct defendant to prefer independent suit instead of deciding the same alongwith suit of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 26, Civil Procedure Code, 1908, Order 8, Rule 6A, Provincial Small Causes Courts Act, 1887-- Counter claim - Can be filed by defendant in a suit before Small Causes Court - Proceeding before Judge, Small Causes Court is a legal proceedings and Judge, Small Causes Court is a civil court - On the strength of S.26 of 2005 Act any relief available u/ss 18 to 22 of 2005 Act can also be sought..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus, in view of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 18, Civil Procedure Code, 1908, Order 9, Rule 8-- Order allowing impleadment of a party - Memo of parties not amended as directed by Court - Plaintiff absent - Suit dismissed - Non consideration of counter claim of third party - No prejudice caused to third party if their counter claim is not adjudicated in absence of plaintiff and for non..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A(1)-- Counter claim - Not maintainable in respect of property which is not the subject matter of suit...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Requirements of exclusion of counter claim are: (i) It should be within pecuniary and territorial jurisdiction of Court wherein suit is instituted; (ii) it must have some nexus with claim raised in the suit/relief sought in the suit; (iii) it must be a relevant one in..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Trial Court recording finding that there is no evidence to support counter claim - Held, trial Court is not justified in allowing counter claim when defendant failed to establish his claim...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Solely against co-defendant - Not maintainable - A counter claim has necessarily to be directed against plaintiff, in the suit, though incidentally or along with it, it may also claim relief against co-defendant in the suit...........

Showing : 31-40 of 276 Results