Showing : 21-30 of 502 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 20(c)-- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5-- Framing of additional issues - After closure of plaintiff's evidence - Suit for declaration - Grant of declaration is dependent upon claims set up by plaintiffs on the basis of two Wills and one family settlement - Plaintiffs had already concluded their evidence and after closing of the same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3)-- Application for taking documents on record - Suit for declaration and permanent injunction - Document sought to be brought on record was wholly unrelated to suit - Further, it was filed by a stranger and that too at belated stage - Application rightly rejected...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of possession, on making refund of premium of sub-lease - Plaintiff asserting their right to re-enter in possession, by making refund of premium of sub-lease, which was distinct from right of re-possession - Suit based on vague right of re-entry, not..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Additional relief - On basis of notice - Bar of O.2.R.2 of CPC - Original plaint sought for declaration to re-enter suit premises on refund of premium, where as amendment envisages recovery of possession on premises of notice - Since cause of action for original reliefs claimed and relief omitted..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........

Showing : 21-30 of 502 Results