Showing : 531-540 of 2961 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Filed after two and a half years of framing of issues - Plaintiff's evidence was still being recorded by trial Court, when counter claim was filed - Cause of action on the basis of which counter claim was filed accrued before filing of written statement - No serious injustice or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Means - A `thing adjudicated' or `an issue that has been definitively settled by judicial decision'...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, 151-- Enlargement of time - "not exceeding thirty days in total" - Enlargement of time, whether one time or phased, cannot exceed thirty days - Time beyond maximum thirty days can be extended u/s 151 CPC, if act could not be performed within thirty days for the reasons beyond the control of the party...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148, 151-- Enlargement of time - When any period or time is granted by Court for doing any act, Court has discretion from time to time to enlarge such period even if time originally fixed or granted by Court has expired...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 1-- Cause of action - Arises when one party asserts and other party denies any right...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 173-- Appeal - An appeal u/s 173 of Act, is akin to S.96 CPC - High Court, therefore, is equally under legal obligation to decide all issues arising in case both on facts and law after appreciating the entire evidence...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 173-- Appeal - As a First Appellant Court, it is duty of High Court to decide appeal keeping in view the powers conferred on it by statue - High Court upheld the award of Tribunal without deciding all issues as required u/s 96 CPC and without satisfying the requirements of O.20.R.4(2) and O.41.R.31 CPC..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 35-- Affidavit - False or misleading - By itself is enough to invite an adverse reaction - Imposition of costs of Rs.10 lakhs by High Court, held, justified...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 35-- Affidavit - False or misleading - Justification of false statement - After giving justification, an unconditional and unqualified apology tendered - Held, there was no need to have tendered an unconditional and unqualified apology unless there was an admission that statement made was false or..........

Showing : 531-540 of 2961 Results