Showing : 61-70 of 170 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Stamp Act, 1899, Section 36-- Recovery of money - Suit for - Admissibility of evidence - Defendant clearly admits receipt of Rs.6,00,000/- but failed to prove that he has taken that amount for purchasing of landed properties on behalf of plaintiff and not as a debt as alleged by him - Plea of inadmissibility into evidence of..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Money suit - Defendant on account of alleged no, completion of work by plaintiff firm deducted the amount from running bill raised by plaintiff - Defendants have neither levied any penalty against plaintiff for breach of contract nor passed any order to forfeit security amount - No valid reasons..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for recovery of money on the basis of pronote and receipt - Trial Court dismissed the suit holding that there was no pleading regarding execution of pronote and receipt and thus ignored the statements of both the attesting witnesses of the document being beyond pleadings -..........

Showing : 61-70 of 170 Results