Showing : 451-460 of 20115 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151-- Divorce by Mutual consent - Waiver of 6 months statutory period - Personal inconvenience of parties - Not a ground for Court to waive period of 6 months as provided u/s 13-B(2) of the Act - Application rightly rejected...........
JHARKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Solely against co-defendants - Not maintainable...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as his own witness at later stage - Permissibility - Court in exercise of its discretion can regulate the manner in which as well as extent to which such party can be permitted to appear as his own witness at a later stage - It cannot be said that if no application is made U.O.18.R.3-A CPC,..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself - As plaintiff did not lead any evidence in affirmative much less any Handwriting and Fingerprint Expert to prove the Will to be forged, nor any right..........

Showing : 451-460 of 20115 Results