Showing : 1971-1980 of 2791 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Necessary and proper party - Necessary party is one without whom no order can be made effectively - A proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Delay - Inspite of delay and laches an amendment can be allowed if facts of the case so permits, as dominant purpose of allowing amendment is to minimize the litigation...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Delay - Relief barred by limitation - Amendment can be allowed depending upon the facts of the case - If grant of an amendment really subserves the ultimate cause of justice and avoid furthers litigation the same can be allowed - There is no straight jacket formula for..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Relief of declaration whether falls under Article 58 or Articles 64, 65 of Limitation Act - Question to be decided at the trial - Amendment of plaint seeking relief of declaration allowed...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 13, Rule 3, 4-- Mode of proof - Objection as to - Falls within procedural law - Objection if not taken before the document is marked as an exhibit and admitted to record then the same is considered to be waived...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal - Where the High Court is satisfied that in any case any substantial question of law is involved it shall formulate that question and second appeal has to be heard on the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court did not formulate substantial question of law - Judgment cannot be maintained...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Non impleading of L.R's of a defendant who died during pendency of suit - Effect - Suit for possession of seven rooms - It was specifically mentioned in plaint as to which room is in possession of which defendant - If the interest of the co-defendants are separate, as in case of co-owners, the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court can interfere with the concurrent findings recorded by Courts below only on the substantial question of law either framed at the time of admission of appeal or reframed or substituted later on at the time of arguments...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 20-- In case more than one Court has jurisdiction, parties by their consent may limit the jurisdiction to one of the two Courts - Intention to exclude a Court's jurisdiction should be reflected in clear, unambiguous, explicit and specific terms - In such case only the accepted notions of contract would..........

Showing : 1971-1980 of 2791 Results