Showing : 1021-1030 of 17124 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 9-- Replication - Non filing - Merely because replication is not filed, it cannot be assumed that case as pleaded in the written statement stood admitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 33, Motor Vehicles Act, 1988, Section 163A, 173-- Accidental death - Enhancement of compensation - O.41.R.33 CPC is only for defending appeal up to the amount awarded by Tribunal and not for reduction of same...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Validity of acquisition - Civil Court has no jurisdiction to go into question of validity u/ss 4 and declaration u/s 6 of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - No party is entitled to lead additional evidence at appellate stage as a matter of right - Additional evidence is permissible at appellate stage only in terms of U.O.41.R.27 CPC and on satisfaction of one or more of three eventualities mentioned therein...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Stage of consideration - Application U.O.41.R.27 CPC has to be considered only at the stage of final hearing preceding...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58-- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with possession of land in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45-- Report of handwriting expert - Report prepared and submitted but same was not taken on record due to absence of Handwriting expert - Trial Court closed evidence of plaintiff - Held, ends of justice would be met by granting one effective opportunity to plaintiff to examine handwriting expert at his..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........

Showing : 1021-1030 of 17124 Results