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Results of necessary party

Showing : 31-40 of 6618 Results

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simpliciter - No ownership or possession is claimed - Applicant who sought his impleadment on the basis of ownership of land regarding which permanent injunction was sought by plaintiff, is neither necessary party nor a proper party - Application rightly dismissed...........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of name of a party - Allegations in plaint are general qua all defendants including petitioner - On the basis of averments in application role/capacity of petitioner cannot be determined - Application rightly rejected...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that wife was having an adulterous relationship with one `R' - However, husband not made said `R' as party to proceeding to prove adultery - Entire case is based on so called complaint given by brother of wife to police - There is no other direct evidence to..........

DELHI HIGH COURT

Year of decision: 2020
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 37 kg ganja - Testimony of PW1 with regard to DD entry relating to movement of patrolling party and call details records pertaining to said raiding party completely discredited prosecution case that patrolling duty was at the spot at the relevant time - Material discrepancies in testimony of..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition by borrower of motor cycle, which met with accident, against owner and insurance company is not maintainable - Claim petition can only be maintainable against driver, owner and/or insurance company of offending vehicle being a third party to said vehicle...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Family Courts directed to insist upon parties to furnish affidavit of assets, income and expenditure in prescribed format in matrimonial cases - However, Court may also dispense with said requirement of furnishing affidavits especially in cases where parties belong to lowest strata of..........

Showing : 31-40 of 6618 Results