Showing : 281-290 of 3253 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 53-- Fraudulent transfer - When a suit u/s 53 of the Act is filed (other than a claim U.O.21.R.58 CPC), it must be for and on behalf of creditors and it is duty of plaintiff to comply with the requirement U.O.1.R.8 CPC, so as to enable all creditors to join as a party to suit - It is not at all..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Recovery suit - Amendment sought for incorporating a prayer to declare that conveyance made by defendant in favour of her daughter, who is not a party to suit, is a fraudulent transfer, intended to defeat the creditors - Suit filed by plaintiff is in her personal capacity -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 31-- Cancellation of documents - Documents can be cancelled by Court, where the right of plaintiff over the suit property as a whole is affected by said documents, even though plaintiffs are not party to said documents...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 29(2), 3-- Customary divorce - Act protects customary divorce - However, it is obligatory on the party relying on custom to prove existence of custom, that it is ancient, certain and reasonable and is not opposed to public policy - Said party is under obligation to prove that divorce has in fact taken place..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10-- Amendment of plaint - Impleadment of State as party - Notice u/s 80 CPC not issued to State - Proposed amendment is entirely new cause of action - It is based on events, which took place after filing of plaint - It amounts to fresh case - If new cause of action is introduced, fresh notice u/s 80..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Equity-- Cannot be extended to a party who has committed deliberate acts and such acts are not bona fide either as encroacher or as a mere trespasser...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not..........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - Normal wear and tear of family life - Does not amount to cruelty - Cruelty is something more than normal wear and tear of family life and party opting it as ground for divorce has to establish that on account of cruel treatment of opposite party, his life has become miserable and it is..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of a document - Mere marking or exhibiting the document does not dispense with the proof of document nor it take away right of opposite party to say such document cannot be relied upon as it is not registered...........

Showing : 281-290 of 3253 Results