Showing : 61-70 of 311 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Subsequent to settlement of issues - Not contemplated by CPC...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Court cannot exclude a portion of counter claim in a suit after framing of issues on the ground that later written statement was amended and an additional relief was incorporated...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Restrictions in O.8.R.6 A CPC relating to time of raising a counter claim cannot be extended to one already raised in accordance with law, so long as O.6.R.17 CPC allows him to amend the pleadings...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A-- Counter claim - First appeal - Even if counter-claim is for a lessor amount than the suit claim, even then in respect of counter-claim appeal will lie to the same Court in which appeal will have to be filed in respect of the suit and for the purpose of jurisdiction, composite value of both the..........

Showing : 61-70 of 311 Results