Showing : 31-40 of 751 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Intention is not a necessary element in cruelty - Relief to party cannot be denied on the ground that there has been no deliberate or willful ill treatment on the part of other person...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Rent and Eviction-- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Appointment of receiver - With condition to deposit amount - Order of appointment takes with it liability to pay amount as stipulated - It goes as a single package - Obligation or burden imposed alone cannot be severed - If party so appointed is not willing to comply with condition imposed or..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Deletion of name of defendant No.2 as party - Defendant No.2 has interest in property - He is a necessary party whose presence is required for disposal of suit - Merely on the ground that no relief is being sought against defendant No.2, his name cannot be deleted, as power of Court U.O.1.R.10 CPC..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 10, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1(5)-- Examination of a party - Reducing substance of examination of party in writing - Requires only for ascertaining whether there is any issue in dispute arising between parties from a material proposition of fact or law affirmed by one party and denied by other - Omission to carry such exercise does..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Impleadment of adulterer as party - Act does not make it obligatory to implead alleged adulterer on the ground of adultery - However, alleged adulterer is a proper party to proceedings u/s 13(1)(i) of the Act, even though he is not a necessary party - Direction of Court below..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 13, Rule 10(2), Civil Procedure Code, 1908, Order 11, Rule 12-- Production of document - Document in question was in the possession of police authorities, having subject matter of proceedings initiated by plaintiff by filing an FIR against third party as well as defendants - Said document is relevant and necessary for the purpose of true and correct disposal..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party in appeal - Suit for realization of money instituted by a member against society - Society is a party to appeal and represents all its members in appeal/suit - Petitioner being members of society are not necessary parties to proceedings - Their presence is not required for..........

Showing : 31-40 of 751 Results