Showing : 1781-1790 of 18368 Results

CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Suit for eviction - In the instant case, petitioner/landlord seeking direction upon defendant/tenant to pay Rs.15,000/- p.m. for illegal and wrongful occupation of suit premises - Such claim in midst of proceedings is not permissible...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 36, Civil Procedure Code, 1908, Order 21-- Execution - Arbitration award - It is a decree and is enforced like a decree of Civil Court by applying the provisions of O.21 of the Code and all other provisions, which deal with execution of decree of Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36-- Execution - Arbitration award - Objections - None of the objections sought were raised before Arbitrator or before trial Court u/s 34 of Arbitration Act - Said Objections cannot be allowed to be raised in execution once award became final and attained finality as decree of civil Court - If..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36-- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by JD to DH was not in..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No cause of action - Partition suit - Parties were related to each other and fact that properties are allegedly inherited from biological father was good enough cause of action to maintain a partition suit - Application rejected...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought after about one year of discovery of document on the basis of which amendment of written statement is sought - No explanation as to why amendment was not sought at the material time - Due diligence on part of defendant not proved - Application..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - A bare reading of plaint perhaps the plaint documents, should alone convince the Court to come to conclusion whether plaint should be rejected at threshold or not...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A-- Production of documents relied upon at the time of filing of written statement - Court can always permit production of documents at any stage, if it considers the same necessary for adjudication of the dispute between parties...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Partition suit - Question of limitation is a mixed question of law and fact - Plaint for partition cannot be thrown out on the ground of limitation, as question of ouster etc., are all to be decided only with reference to facts pleaded and evidence..........

Showing : 1781-1790 of 18368 Results