Showing : 61-70 of 177 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Filing of beyond prescribed period - Condonation of delay - There is nothing on record to suggest that petitioners have deliberately delayed filing of written statement - Records reveal that as petitioners required requisite sanction from concerned Department for taking steps..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Money suit - Legally enforceable liability - Defendant issued a cheque for a sum of Rs.1,00,000/- and same was dis-honoured - Plaintiff instituted complaint against defendant u/s.138 of N.I. Act and later on same was withdrawn - Held, withdrawal of said complaint would only go to indicate that..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for declaration - By way of amendment, relief is being substituted from declaration to that of recovery of money - Entire gamut of facts more or less remains - Held, amendment application of appellant/plaintiff allowed...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Recovery of money - Rejection of plaint sought on the ground that cause of action for recovery of entire amount would be a single transaction and that plaintiff ought to have brought a single suit for the same and was not justified in splitting the same - Held, this cannot be..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 34-- Interest - Grant of - Suit for recovery of money of Rs.30,000/- - First appellate Court awarded 9% interest per annum from the date of plaint till the date of decree - Held, it is on the higher side - It could be at the rate of 6% per annum on par with the post decretal interest awarded by first..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 34, Rule 4, 6-- Money suit decreed - Attachment of mortgaged property - Application U.O.21.R.58 for lifting attachment - Decree for recovery of money passed as against the person and properties with a charge on attached property of judgment debtor - It is not a decree for sale of mortgaged property - Held, claim..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Money suit filed against transport companies - Only Managers and Branch Managers impleaded as defendants leaving establishments - Amendment sought after three years from filing the suit to implead transport companies as co-defendants - Held, claim is barred by time - However,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11-- Interest pendente lite - Grant of - Money decree - Applicability of S.34 - Held, S.34 of the Code applies to simple money decree and payment of interest in such suits - Whereas O.34.R.11 deals with mortgage suit and payment of interest...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 101, 104, Civil Procedure Code, 1908, Order 37, Rule 1-- Recovery of money - Suit for - Burden of proof - Shifting of - Held, in a suit for recovery of amount, burden lies on plaintiff to prove that he gave suit amount to defendant - But in view of admission and no, issuance of any reply by defendant, burden shifts to defendant to prove that he has not..........

Showing : 61-70 of 177 Results