Showing : 2951-2960 of 4994 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Agreement to sell-- Specific performance - Agreement entered into between the minors through their guardian and defendant No.1 - S.20(4) of Specific Relief Act permits the enforcement of contract though the same lacks mutuality - Agreement executed for the benefit of the minors and competence of the guardian to enter..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 20-- Plea of Hardship - Agreement to sell - Sole Residential House - Suit for specific performance decreed - Second Appeal - Denial of specific performance of agreement sought in view of extreme hardship on account of sale of residential house - In terms of section 20 defendant to raise plea of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment sought to claim more share in the property - Once a new fact had come on record only during he course of evidence, which entitled the defendant more share in the property, the defendant was justified in moving application for amendment of written statement..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment sought to claim more share in the property - It does not change the nature of suit - It is only the stand taken by defendant which is changed/altered - It is only the defence put by the defendant which will undergo some changes after the amendment...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Withdrawal of admission - Suit for possession - Written statement with an averment that each party was owner of 1/4 share each - Application for amendment claiming 1/2 share on the basis of Will - Factum of Will revealed during the course of evidence led by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse Possession-- Suit for permanent injunction - Plaintiff claimed adverse possession - Neither admitting ownership of defendant - Nor asserting open, continuous and hostile possession to the knowledge of the defendant/true owner - Plea of adverse possession cannot succeed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse Possession-- Plea can be raised successfully if plaintiff admit the defendant to be the owner of the property and asserts hostile, continuous and open possession to the knowledge of true owner...........
ORISSA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Undervaluation of suit - Whether question relating to valuation of suit can be dealt with only at the stage of final adjudication of the suit - Held, no - When defendant files a petition alleging improper valuation of suit then trial Court should scrutinize the matter..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 5, Rule 17-- Summons - Refusal to accept - Does not amount to due service unless a copy of summons is affixed on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Onus to prove some issues on defendant - Plaintiff while leading his evidence if makes statement on issues the onus of which was on the defendant the same does not mean that plaintiff had infact led or concluded his evidence on those issues - Plaintiff has a right of rebuttal..........

Showing : 2951-2960 of 4994 Results