Showing : 21-30 of 132 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e)-- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine, Court may..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Recovery suit - Plaintiff supplied computers to defendant - Defendant issued cheques as part payment towards delivery of computers and said payment was credited to the account of plaintiff - Factum of issuance of said cheques admitted by defendant in his cross-examination - However, plaintiff..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14-- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4-- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit and have to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of plaintiff for further cross-examination - Recall on the left out points is wholly improbable in law, as having sold the property in favour of defendant No.2, defendant No.1 filed the application for further cross examination without specifying as to which of the question was left out to..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Re-opening of evidence - Inherent powers of Court - Suit for specific performance - Failure of Power of Attorney holder of plaintiff to give reply to suggestions/questions put in cross-examination by defendant - Plaintiff cannot be permitted to re-open the evidence as it will provide a chance to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Cross examination - Adjournments sought to cross examine witness on one pretext or the other - Defendant acted in a manner to cause colossal insult to justice and to the concept of speedy insult to justice and to the concept of speedy disposal of civil litigation - Petition dismissed with costs of..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3-- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........

Showing : 21-30 of 132 Results