Showing : 21-30 of 119 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Indigent person - Permission to sue - Possession of immovable property does not by itself indicate that one has sufficient means to pay Court fee - Benefit of statute is conferred on persons without sufficient means and not without any means at all - Object of O.33.R.1 CPC calls for liberal..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Indigent person - Concept of "not possessed of sufficient means" is essentially a negative factor to be established by claimant and hence can only be proved by him by adducing positive evidence of his assets, needs and expenditure and to convince the Court that with the available resources, he is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7-- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct on the basis of which..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Indigent person - Amount lying in fixed deposit which is consideration for the transaction which is impeached in the suit - Held, it cannot be reckoned to determine the income for the purpose of adjudicating an application U.O.33.R.1 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 6-- Permission to sue as an indigent person - Notice to defendant - Impugned order by which plaintiff was declared as an indigent person without notice to defendant was patently illegal and same set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 1A, 3, 4, 5-- Indigent person - Question of indigency - O.33.R.1A CPC, provides that at the first instance, inquiry has to be made by chief ministerial officer of Court - Observation made by Court below that question of indigency is only decided by executive authority and not by Court is patently erroneous -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 3-- Indigent person - Application for suing as an indigent person has to be presented in person unless exempted from appearance in Court - When application is not presented in person, rather it is presented by advocate then the same deserves to be rejected...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 15-- Indigent person - O.33.R.15 CPC bars filing of second application not only in very same suit but also in any proceedings instituted in respect of same right to sue including an appeal...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 33, Rule 7-- Refusal and disallow - Mean the same thing - Refusal to sue as an Indigent person - When court refuses to grant leave U.O.33.R.7 CPC, its consequence is dismissal of indigent original petition...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Indigent person - Proof - Defendant has established before Court that infact he paid a sum of Rs.25 lacs just 2 years prior to present litigation not only to mother, but also to plaintiff - He has also established that plaintiff who owned sizeable immovable property disposed of the same - Held,..........

Showing : 21-30 of 119 Results