Showing : 501-510 of 20115 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Inherent powers of Court - Power can only be invoked to supplement provisions of CPC and not to override or evade other express provisions...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover,..........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 1-- Pleadings - If there is no pleadings even if best evidence are adduced, the same cannot have its evidentiary value...........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit -..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Plaintiff successfully proved prima facie case, balance of convenience and irreparable loss in his favour - Nothing has been brought on record to show that defendants are either owners or in possession over property in dispute - Interim injunction rightly granted in favour..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of gift deed - Defendant admittedly is owner of property in question who executed a gift deed in favour of her grand daughter - Plaintiffs on the other hand contended that defendant purchased the property out of funds of plaintiffs - Both the parties..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Striking off defence - Entire amount duly deposited in compliance of order of Court - However, challan could not be brought on record on account of illness of petitioner - Held, trial Court not justified to recall the order striking off defence - Impugned order set aside...........

Showing : 501-510 of 20115 Results