Showing : 481-490 of 17124 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - While granting or rejecting amendment following principles are required to be taken: (i) whether proposed amendment is imperative for effective adjudication of matter; (ii) whether amendment is bona fide or mala fide; (iii) amendment should not cause such prejudice to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Words `being joint Hindu Family Property' were inadvertently left in written statement - Said words were sought to be incorporated by way of amendment of written statement - Amendment of written statement can be allowed at a belated stage - Only requirement is that..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15-- Issues framed - Even then, suit can be dismissed, at a subsequent stage, by invoking provision of O.12.R.6 and/or S.15 CPC, if Court finds that plaintiff is not entitled to relief even if averments in plaint are believed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 64, Order 38, Rule 11-- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54-- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before judgment has to be considered..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57-- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent execution petition...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - At appellate stage - Amendment sought to incorporate certain facts, which ought to be pleaded in written statement, have not been pleaded - However, facts sought to be added in pleadings are not such which were not known to defendant earlier - Amendment sought to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte order - Death of counsel - Proceedings finalised against petitioner ex parte - Categorical objection has also been taken by defendant while filing revision in question but Revisional Court has not taken any sympathetic view and no, suited the claim of defendant on merits - In order to..........

Showing : 481-490 of 17124 Results