Showing : 91-100 of 156 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 32, Rule 5, Contract Act, 1872, Section 12-- Agreement to sell - Contract with a person of unsound mind - If at the time of making contract a person is capable of understanding the contract and forming a rational judgment to its effect upon his interest then contract is not void - Even a person who is usually of a unsound mind but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 32, Rule 5, Contract Act, 1872, Section 12, Evidence Act, 1872, Section 101, 102-- Unsound mind - Burden of proof - Lies on the person who sets up such a plea - Such burden can be discharged by proving at least by balance of probability that the action of executing the deed of transfer was the outcome of an unsound mind...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Petition filed through brother though father alive - Minor can sue through a guardian, who may not have any interest adverse to him/her, it may be, father, mother or brother - Once, brother is held having no interest adverse to the minor, a lis can be filed through him...........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsound mind - Question as to - For this purpose trial Court should examine the alleged lunatic either in open Court or in Chambers and in the presence of medical expert - Trial Court has got ample power to compel the attendance of the alleged lunatic before it and to submit himself for medical..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Minor - Suit filed without next friend - Two contingencies - One is that suit is filed knowing that he is minor and he is incompetent to institute a suit without the next friend and yet filing a suit with a view to deceive the Court or with some ulterior purposes and the other a minor filing suit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Minor - Suit filed by minor thinking that he was major based on school certificate which appears to be not correct - On defect being pointed out in written statement his grand mother immediately filed an application to permit her as next friend and to make necessary amendments - Defendant failed..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Minor - Suit filed without next friend - Defective - Irregularity in instituting the suit does not make the suit wholly bad - It is a defect in procedure - Such defect can be corrected only when the defendant makes an application under Rule (2) of Order 32 CPC or when an application is filed by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 7-- Dismissal of suit on basis of report of referee - Contention that judgment is nullity as dispute could not be referred on behalf of minor to referee without leave of Court - Does not make the decree void but voidable at instance of minor...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor - Compromise - Without leave of Court - Can be attacked in three ways (a) by an application to the Court in which the compromise took place; (b) by a regular suit to set aside the decree and (c) by bringing a fresh suit...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied..........

Showing : 91-100 of 156 Results