Showing : 1781-1790 of 20116 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Non-framing of substantial question of law to examine the legality and correctness of any specific finding recorded by Courts below on the issues framed, would render those findings attaining finality for want of challenge, as no error was noticed by High..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Unless strong reasons are pleaded and Court is satisfied with such reasons, it is not desirable to re-open evidence, merely on the parties making such requests...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 25, Guardians and Wards Act, 1890, Section 9(1), 25-- Petition for custody of child filed by husband - Dismissal of transfer petition does not confer jurisdiction upon a Court which it otherwise does not vest in it as transfer of petition is permissible on the ground of inconvenience...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Substitution - Probate proceedings - `M' through his power of attorney filed a probate petition qua Will 1990 - During pendency of proceedings `M' died - Power of attorney of `M' seeking his substitution in probate proceedings on the basis of Will 2007 executed by `M' in his favour - Since nature..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27(aa)-- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Clubbing of suits - Two suits between same parties and in relation to same piece of land, filed for grant of identical reliefs - Both the suits ought to have been clubbed together for their disposal on merits in accordance with law to avoid any conflicting decisions in both the cases, as the facts..........

Showing : 1781-1790 of 20116 Results