Showing : 911-920 of 20115 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Production of document - After evidence of plaintiff's witnesses - Suit for specific performance - Document in issue was in knowledge of plaintiff at time of his cross-examination - Further he was advised to bring the same on record - Application if allowed, would delay the adjudication of suit -..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Substitution of party - Requirement of conducting enquiry - Suit for permanent injunction - Plaintiff already mentioned in plaint the fact of his two sons carrying on business along with him - On death of plaintiff-father, right to sue survives with the sons on the basis of averments made in the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Amendment sought when suit reached the stage of defendant's evidence - Merely, under the pretext that defendant did not have documents handy at the time of filing the written statement, he can not claim any right to amend the written statement, at such a belated..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1A(3)-- Amendment of written statement with prayer to place certain documents on record in conformity with the proposed amendment - Amendment of written statement declined - Any documents concerning said amendment also cannot be taken on record - Dismissal of application calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the..........

Showing : 911-920 of 20115 Results