Showing : 81-90 of 279 Results

ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 5-- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106-- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and disposed of within..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b)-- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Immovable property situate outside territorial jurisdiction of Court - No relief an be granted - Held, counter claim not maintainable...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - It is a counter to the pleading raised in the written statement of the defendants - It is nothing but in the form of a written statement to answer the positive and independent claim made by the defendants in their written statement...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)-- Decree on admission - Divorce petition filed by wife - Husband in his counter claim also seeking divorce on ground of cruelty and desertion - Wife admitted that she has withdrawn the company of her husband and deserted him for a period of more than 2 years preceding counter claim - Admission of..........
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...........

Showing : 81-90 of 279 Results