Showing : 561-570 of 20115 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Counter claim - Apparently directed against defendants - Counter claim can be very well pursued as an independent proceeding at the instance of petitioner - Order as to exclusion of counter claim, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100-- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material witness or examine a..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Striking of defence - Eviction proceedings - Benefit of monthly rent deposited u/s 30(1) of the U.P Act after receipt of summons/filing written statement could not be extended to defendant tenant while reckoning compliance of O.15.R.5 CPC - There is no escape from mischief of O.15.R.5 CPC -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father..........

Showing : 561-570 of 20115 Results