Showing : 91-100 of 287 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 1A-- Late production of documents - Document in possession or power of defendant on which he bases his defence or claim for set-off or counter claim shall be produced at the time of filing of written statement - Defendant if not in possession of a document will state in whose possession or power it is..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Opportunity sought to file written statement when case was fixed for arguments, which was after a gap of eight years - Written statement not filed due to inadvertent oversight on the part of Advocate and was not actuated by any mala fide - Refusal to condone..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A-- Counter claim - Defendant failing both in the suit and in counter claim - Held, defendant has to file separate appeals challenging decree in the suit and counter claim - Appeal against decree in the suit will be barred by res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 9-- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Once cause of action wholly or in part accrues after defendant has delivered his defence or before the time limited for delivering defence has expired, a counter claim cannot be allowed to be set up...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227-- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under Art.227 of Constitution - It has the status of decree and is to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues - Recasting and reframing of additional issues - Most of proposed issues are beyond scope of adjudication - Some are even beyond pleadings - No relevant aspect of pleadings is outside the scope of issues which are already there - Moreover, there is no counter claim by defendants thus no..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A-- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all..........
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..........

Showing : 91-100 of 287 Results