Showing : 91-100 of 161 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor defendant - Sued through mother, natural guardian - Neither an application for appointment of guardian filed nor particulars of all possible guardians and requisite affidavit as required U.O.32.R.3(3) & (4) filed - Even certificate not filed to the effect as to who were the persons who had..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor - Suit against - Guardian not appointed - Suit decided in favour of minor - Once the matter is decided in favour of minor then judgment and decree cannot be set aside on the ground that there was non compliance of the mandatory provision of O.32.R.3 as no prejudice has been caused to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 32, Rule 5, Contract Act, 1872, Section 12-- Unsound mind - Proof of - The fact of unsound mind can be proved not only be medical evidence but also by conduct...........
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-- 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..........
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..........

Showing : 91-100 of 161 Results