Showing : 1011-1020 of 3788 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for specific performance - Suit filed against father of applicant who was proceeded ex parte - Son seeking impleadment on the ground that father did not have an indefeasible right to sell the ancestral property and thus applicant having right by birth - In a suit for..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Refusal to grant - Validity - Construction of Sewerage Treatment Plant - 80% of construction work of STP already completed - Chairman of plaintiff's society himself was party to resolution that if any part of green area was required, society would have no objection to it -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Partnership Act, 1932, Section 32-- Partnership firm - Retirement of partner - Liability - It is only when third party borrower agrees to relieve erstwhile partners from obligation that they can get benefit - As long as third party did not accede to request, liability continues to be with them...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19-- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - A party as its own witness can appear when only affidavits of witnesses had been filed - Mere filing of affidavit of witnesses does not amount to `examine' - Word `examine' means not only the affidavit in evidence..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 54, 105-- Sale or lease deed - It is only after going through the contents of deed that it can be decided as to the nature of deed - Since neither party has produced on record the copy of deed, as such it is not possible to record a finding about the nature and character of deed - Case remanded for fresh..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- Court of appeal - Exercise of power - Held, power cannot be exercised to prejudice of a person who is not a party before Court - Power cannot be exercised in favour of claim which has been given up or lost - It cannot be exercised when such part of decree which has been permitted to become final..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i)-- Eviction - Bona fide necessity - Non pleading of all ingredients - Effect - Held, technicalities are hand maids of justice and they should not be hindrance in imparting substantial justice - Pleading of all ingredients are necessary for any person to seek relief, but at the same time if party..........
DELHI HIGH COURT
Year of decision: 2013
Details
Wrong provision of law -- Quoting wrong provision - Effect - Held, while considering any prayer Court has to look into sum and substance of petition and then grant relief - A party taking recourse under a wrong provision of law but pleading all grounds available under law cannot be deprived of his right to claim relief..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(v)-- Court fee - Challenge to sale deeds to which plaintiffs were not party - Plaintiffs not liable to pay ad-valorem court fee on sale consideration - However, for relief of possession plaintiff are liable to pay court fee on ad-valorem value of suit land...........

Showing : 1011-1020 of 3788 Results