Showing : 1-10 of 83 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19-- Res judicata - Counter Claim - Suit and Counter claim has been decided by common judgment and composite decree has been prepared - Since two appeals are not filed against the judgment and decree by trial court, appeal was liable to be dismissed by invoking principles of res judicata is not..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Commercial dispute - Defendant filed its written statement within 120 days of receipt of summons - He cannot be prohibited from filing counter claim only because it failed to raise same in written statement - Defendant thus, entitled to raise its counter claim only in respect of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Grant of police aid - Implementation of ad-interim injunction order - Defendants already filed their written statement as well as counter in application U.O.39.Rr.1, 2 CPC and they are always ready for enquiry - Besides in the written statement a copy of which is filed along with material papers,..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154, 482-- Second FIR - Not to be quashed when (i) Second FIR was not filed by the same person who had filed the first FIR; (ii) It was filed by appellant as a counter complaint against respondent No.3; (iii) First FIR was against five persons based on one set of allegations whereas second FIR was based on..........
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..........

Showing : 1-10 of 83 Results