Showing : 8781-8790 of 19681 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Re-appreciation of evidence - Permissibility - Two Courts below recorded a finding of fact that execution of Will has been duly proved - Held, in second appeal evidence cannot be re-appreciated unless it is established that view taken by two Courts below is perverse and is not at..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18-- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the decree on requisite..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 51-Proviso (c) - To attract clause (c), the requirement is not merely that the decree holder and judgment debtor share a fiduciary relationship, but the judgment debtor must be bound in such fiduciary capacity to account for...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-A-- Transposition of defendant as plaintiff - Can be allowed when plea raised by defendant could be claimed if defendants are transposed as plaintiffs - Relief claimed by defendants was available to them on transposing as plaintiff only when they had claimed the relief of transposing of plaintiff as..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Land given to plaintiff by Municipal Council on Teh Bazari for construction of shop - Plaintiff filed suit for permanent injunction claiming himself to be statutory tenant - Provisions of Rent Act not applicable as per notification dated 3.6.1959 to building and rented land..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Judgment and decree challenged on the ground that it has been obtained by fraud and misrepresentation - Amendment sought so as to introduce certain grounds in the plaint to justify the plea of fraud and misrepresentation - Amendment sought will neither change cause of action..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 60(1)(ccc)-- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 22, Rule 4-A-- Death of tenant during pendency of appeal - Tenant issueless widower - Nephew of deceased seeking impleadment as L.R. - Landlord filed application for appointing an officer of court U.O.22.R.4-A CPC to represent the estate of deceased tenant and hand over vacant possession - Held, application..........
PATNA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114, 101, 102, Civil Procedure Code, 1908, Order 6, Rule 4-- Fraud, undue influence and coercion - Full particulars must be pleaded - Fraud - Must be proved by one who alleges it - However, inferences may be drawn from the circumstances where production of direct evidence is not possible...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Wakf Act, 1995, Section 83(5)-- Wakf Tribunal is deemed to be a civil Court - It has same powers as exercised by civil Court under CPC while trying a suit or executing a decree or order - It is competent to issue injunctions in terms of O.39.Rr.1, 2 r/w S.151 CPC. (Civil Procedure Code, 1908, S.151, O.39.Rr.1, 2)...........

Showing : 8781-8790 of 19681 Results