Showing : 1-10 of 13 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8-- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC which applies for taking permission of..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Deletion of defendants No.6 to 8 as parties to the suit - Defendants No.6 to 8 are not necessary parties to suit - Defendants No.6 to 8 joined solely in order to defeat the arbitration clause between plaintiff and defendants No.1 to 4 - Right conferred u/s 8 of Arbitration Act is a valuable right..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - (1) Not necessarily to be dismissed for such reason; (2) Question of suit being premature does not go to the root of jurisdiction of the court; (3) Court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Delhi Rent Control Act, 1958, Section 3(c), 8, 14(1)(e), Civil Procedure Code, 1908, Order 23, Rule 1-- During pendency of eviction petition rent increased u/s 6-A of the Act after issuing notice u/s 8 of the Act - Rent exceeded Rs.3500/- p.m. - S.3(c) of the Act will come into operation - Rent Act will not remain applicable - Landlord has a right to withdraw eviction petition from ARC and he can..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10-- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a decree passed under..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 8, Rule 5, Civil Procedure Code, 1908, Order 9, Rule 6-- Plaintiff directed to prove his case in the absence of defendant, his counsel and his written statement - Does not mean, in every such case decree passed is one under Order 9 Rule 6 and not under Order 8 Rule 5 - Such decree when passed is whether one under Order 8 Rule 5 or Order 9 Rule 6 is a..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 148-- Decree for specific performance - Last date for deposit of balance sale consideration was 6.9.1977 - 5/9 was declared a holiday and 6 & 7 being Saturday and Sunday were again general holidays - On 8/9 application filed for extension of period - Application rejected holding that he should not have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 8, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 17-- Defendant's claim if barred under Law of Limitation - Cannot be pleaded by way of set - off under Order 8 Rule 6 - When at the time the application for amendment of written statement is made the claim of the defendant is barred by time - Court cannot permit defendant to claim a barred debt by way..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Rejoinder - Principles governing - Enumerated - (a) The plaintiff, cannot be allowed to introduce new pleas by way of filing rejoinder, so as to alter the basis of his plaint; (b) In rejoinder, the plaintiff can be permitted to explain the additional facts which have been incorporated in the..........

Showing : 1-10 of 13 Results