Showing : 51-60 of 300 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back..........
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...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for mandatory injunction in a suit for damages - Held, permissible - Provision of O.8.R.6-A CPC, permits defendant to set up counter claim against plaintiff any right or claim in respect of a cause of action accruing to him against plaintiff - Contention of plaintiff that counter..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113-- Counter claim - Limitation - Counter claim seeking mandatory injunction on the basis of an agreement is governed by ordinary rules of limitation u/art 113 of Limitation Act and accordingly to be filed within three years from the date of accrual of cause of action - Sine counter claim filed after..........
ALLAHABAD 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 - Counter claim exceeding pecuniary limit of Court - Counter claim, rightly held, not maintainable...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11-- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged separately - Filing only one appeal..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Counter claim after filing written statement - - Partition suit - Cause of action in respect of counter claim accrued to defendants before filing of written statements - Application for counter claim allowed...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Filing of counter claim means accepting disputed property under jurisdiction of Civil Court for cancellation of sale deed...........

Showing : 51-60 of 300 Results