Showing : 6141-6150 of 20116 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Contract Act, 1872, Section 16-- Undue influence - Pleading - It is enough to point out that defendant was in a position to dominate the will of vendor and he obtained an unfair advantage by using that position...........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 26, Rule 10(2), (3)-- Report of Commissioner - Objections thereto - When can be raised? - Held, there is no specific provision provided under CPC for filing or inviting objections to report of local Commissioner - Court enjoins certain discretion either to examine objection, the moment, it is raised or can permit..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Report of Commissioner - Evidentiary value - Held, Commissioner's report is only an evidence in a case - Report cannot be a sole basis and foundation of final decision - It does not bind Court so as to treat it conclusive - It is like any other evidence in suit and does not take away power of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11-- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not valued suit in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Held, if Court is not in a position to determine correct valuation of suit property and, therefore, plaint cannot be rejected U.O.7.R.11 CPC for want of correct valuation for purpose of Court fee...........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27-- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - One of the cardinal principles in the matter of examining the application for temporary injunction is that a party claiming that relief must come to Court with clean hands...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 20(c)-- Jurisdiction - Contract - Acceptance of an offer and its intimation result in the contract being brought in existence - Suit can be filed in the Court within whose jurisdiction the acceptance was communicated...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1-- Review - Held, power of review is to be exercised in limited circumstances and that too as per mandate of O.47 - Remedy available in shape of review cannot be allowed to be a masquerade appeal...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- `Act' - Does not include `deposing in place and instead of principle' - However, a power of attorney is well within his rights to depose in respect of acts done by him for the principal and within his personal knowledge...........

Showing : 6141-6150 of 20116 Results