Showing : 741-750 of 1169 Results

RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Some of the relevant circumstances are : (i) The parties are substantially same; (ii) Complete or even substantial and sufficient similarity of the issues arising for decision in two suits; (iii) Common evidence is to be led, if parties are substantially the same, if only..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11, 92, Order 1, Rule 8, Civil Procedure Code, 1908, Order 2, Rule 2-- Res judicata - Suit in representative capacity - Binds not only the parties named in the suit but all those who share common interest - Subsequent suit by any other member of the entire body of interested person, reagitating the matter directly and substantially in issue in an earlier suit, is..........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Two suits filed by plaintiff claiming permanent injunction and common relief of removal of gate fixed by defendant - Cross suits also filed by defendants - In both suits of plaintiff issue in respect of unauthorized gate was framed and specific finding given - In such..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Plea that defendant was not served with summons for judgment - Trial Court holding that once the summons in substituted form is served then there is no need to issue summons for judgment - O.37.R.3 prescribes that defendant should file appearance within ten days of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 96-- First appeal - Duties imposed on first Appellate Court are that it must meet the reasoning adopted by the trial Court before reversing the findings on any issue - Without referring to the various admissions made by DW, as noticed by the trial Court, first appellate Court reversed the findings -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Title claimed on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession as well - Only additional plea sought to be taken - Amendment allowed - Plaintiff given right to file replication to the amended written statement - Court to..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Basis of letter of credit - Leave to defend - Apparently letter of credit obtained by fraud after showing forged documents - Independent discounting facility extended by bank - Serious triable issue raised by defendant - Entitled to leave to defend...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Matter directly and substantially in issue actually or constructively - A matter is actually in issue when it is in issue directly and substantially and a competent Court decides it on merits - A matter is constructively in issue when it `might and ought' to have been a ground of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9-- Matrimonial petitions - Transfer of - Each case has to be judged on its own merits - In transfer of matrimonial petitions convenience of wife and also the issue of marriage has to prevail - In the instant case petition for restitution of conjugal rights filed by husband at Chittoor - Wife residing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 17, Rule 3-- Adducing of evidence - Opportunity of - Closing of evidence - Dismissal of suit - Plaintiff-appellant failed to adduce any evidence in support of the issue raised despite availing seven effective opportunities - Dismissal of suit by trial Court consequent thereto does not suffer from any..........

Showing : 741-750 of 1169 Results