Showing : 1-10 of 36 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plea that plaintiff has taken possession of different parts of property from tenants by paying consideration to the tenants as such specific performance be granted as equities are in his favour - Plea not tenable as agreement to sell clearly states that possession will be..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Defendant contended that plaintiff no.2 was allotted 1/6th share as per Court order in 1972, therefore, she is not entitled to any share in suit property - However, evidence on record shows that said money was drawn by defendant no.1 as eldest male member of family - With..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138-- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and quite apparently intended to protract the pending..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 20-- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1(3)(a), Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents by defendant to confront plaintiff during plaintiff's cross-examination - Not permissible - Defendants had to follow mandate as contained in O.8.R.1 CPC, which it had to otherwise rely upon in a list of documents as required by law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Defendant wants to amend written statement after pronouncement of judgment that he has come to know that father of plaintiff has executed registered Will - Cross-examination of plaintiff states that defendant had made suggestion to plaintiff that Will has been..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus,..........

Showing : 1-10 of 36 Results