Showing : 961-970 of 18368 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96(3), Land Acquisition Act, 1894, Section 54-- Appeal - Land acquisition - Decree is not one passed by consent of parties - S.96(3) CPC will not apply - Statutory appeal u/s 54 of Land Acquisition Act, is, thus, maintainable...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Judgment delivered after appreciation of evidence on record - Review seeking to reappreciate the evidence on record on the ground that it was omitted to be adverted to - Not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Court can allow amendment at this stage only if defendants are able to show that despite due diligence, amendment could not be sought before commencement of trial...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Application cannot be dismissed merely on the ground of delay in seeking amendment - However, the ends of justice are to be seen not with reference to only one party, but, keeping view interest of all parties going to be affected...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not come in way of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - There is not only delay but also amendment will cause serious prejudice to plaintiff as replacement of the words `tin roof' with `cement roof' would have wide impact on the stand of parties and relevant pleadings related thereto -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 1-- First hearing of a suit - Meaning - Day fixed for hearing on which Court applies its mind to determine point in controversy between parties in a suit, which ordinarily would be at the time when either issues are determined or evidence is taken...........

Showing : 961-970 of 18368 Results