Showing : 1-10 of 31 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Patents Act, 1970, Section 3(j), 64, 48-- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus, in view of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Suit for permanent prohibitory injunction - Counter claim raised by way of easement of way over subject matter of suit - If counter claim raised is proved, it would be relevant for adjudication of relief sought by plaintiff in the suit - Counter claim would not come..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for mandatory injunction in a suit for damages - Held, permissible - Provision of O.8.R.6-A CPC, permits defendant to set up counter claim against plaintiff any right or claim in respect of a cause of action accruing to him against plaintiff - Contention of plaintiff that counter..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed - Order of status quo - Defendant by filing counter claim seeking relief of possession - Shows that defendant is not in possession - No factual or legal error in the order impugned...........

Showing : 1-10 of 31 Results