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Results of civil procedure code issue

Showing : 101-110 of 1323 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........

JHARKHAND HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of defendant - As defendants are in..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - After evidence of plaintiff's witnesses - Suit for specific performance - Document in issue was in knowledge of plaintiff at time of his cross-examination - Further he was advised to bring the same on record - Application if allowed, would delay the adjudication of suit - Application rightly,..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 3, Rule 2 -- Title to property - Where title to property is in issue and is based on registered documents and Civil Court decrees as in the instant case, there is nothing wrong if a biological daughter can give evidence on behalf on her aged and infirm parent...........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Rejection of plaint and striking out name of parties - Once it is recognized that a probability exists for enquiry into the question whether a defendant is necessary or not in scheme of plaint as pleaded, the issue must be decided at trial and not in an application for..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 45 -- Res judicata - Applicability - Omission pointed out by party - Handwriting in dispute - FSL report while rendering its opinion as to hand writing, omitted to render its opinion as to thumb impression - Omission pointed by parties - Merely because the omission was pointed out by parties to lis, it..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - O.18.R.17 CPC to be sparingly exercised and it is not a provision intended to enable the parties to recall any witnesses for their further examinatio, i, chief or cross-examination - Provision is primarily to enable Court to clarify any issue or doubt, by recalling any witness either suo motu, or at the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - U.O.12.R.6 CPC, once parties are not at issue, Court can pass a decree on the basis of pleadings of parties and statement made...........

Showing : 101-110 of 1323 Results