Showing : 31-40 of 283 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Additional pleading - Not restricted to subsequent pleading by way of defence to set off counter claim only...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - No counterclaim can be raise by the defendants on a cause of action which has arisen subsequent to the filing of written statement in defence or before the time limited for delivering the defence has expired...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6(e), 6(g)-- Rejoinder to counter claim - Rejoinder not filed by plaintiff inspite of number of opportunities - However, where plaintiff has to admit portion of defendants case and contradict another portion of it, it is always advisable to file subsequent pleading by way of reply - Trial Court allowed request..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner..........
PATNA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A-- Counter claim - Suit dismissed and counter claim decreed - Appeal against order allowing counter claim has to be filed separately - Composite appeal is not maintainable against judgment and decree of trial Court by plaintiff whereby suit was dismissed and counter claim was decreed - Admittedly, no..........
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..........

Showing : 31-40 of 283 Results