Showing : 11-20 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176-- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and liberty granted to file a fresh petition - Fresh..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Boundary dispute between two states - Topographical maps maintained in Head Office of Survey of India sought to be produced by way of present application - Documents thus, not in possession of applicant - Production of said documents by witness for Survey of India,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Election petition - Rejection of petition U.O.7.R.11 CPC - An application for rejection of election petition in limine purportedly U.O.7.R.11 CPC for non disclosure of cause of action, ought to be proceeded at the threshold...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court can consider both the applications together or independent of each other - If Court considers application U.O.7.R.11 first then Court to consider plaint as a whole - In case Court considers application U.O.6.R.16..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still remain, not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........

Showing : 11-20 of 167 Results