Showing : 1011-1020 of 3299 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Death of one of the appellants - Other appellants having distinct, separate and independent right of their own even when there was one joint decree passed in their favour - Decree passed has to be viewed as combination of several decrees in favour of one or the other party and not as joint decree..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 106-- Doctrine of Res Ipsa Loquitor - Elements of - (i) Event would not have occurred but for someone's negligence; (ii) Evidence on record rules out possibility that actions of victim or some third party could be reason behind event; (iii) Accused was negligent and owed duty of care towards victim...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Possession -- Local Commissioner's report cannot form sole basis of recording finding regarding possession - Finding regarding possession of either party has to be recorded by Court on the basis of entire material on record and not merely on the basis of report of Local Commissioner...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 65-- Adverse possession - Limitation - Framing of issue - Case of plaintiffs is that they are owners of suit plot - Defendants claimed that they are in possession of same and acquired title to it by adverse possession - Framing of issue of limitation - Held, since the suit based upon title is governed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 17, Civil Procedure Code, 1908, Order 9-- Inspite of repeated adjournments evidence not led - Evidence closed by order and suit dismissed - There is no requirement to proceed U.O.17.R.2 when a party is represented by counsel - When counsel is present it cannot be said that party is absent - Court rightly proceeded U.O.17.R.3 CPC to decide..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 13-- Production of documents after framing of issues - Documents can be produced in the cross examination of the witnesses of the other party - Rule does not contemplate that such document can be produced for the cross examination of the party...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 3-- Parties - Proper or necessary party - Wife of defendant signed two agreements and had agreed to keep the collateral security for the loan - Suit not filed for enforcement of collateral security which was jointly owned by defendant with his wife - Held, as no relief is claimed for enforcement of..........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Petitioner/accused has admitted regarding issuance of cheque - He has also received notice issued by opposite party/complainant and within statutory period - He did not pay amount and had not taken any step to pay payment during trial also - He was..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 3A, Civil Procedure Code, 1908, Order 43, Rule 1A-- Compromise decree - Challenge thereto at the instance of a stranger - A stranger cannot file an application either in the suit or in the appeal proceedings to challenge compromise decree as he is not a party to the suit - He has to file a separate suit for the purpose...........

Showing : 1011-1020 of 3299 Results