Showing : 981-990 of 4019 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34-- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee transaction are valid and genuine - But in present case, since forged guarantee documents..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - No evidence led by defendants showing that their possession with animus possidendi began from a particular date - No date or year has been stated by defendants to be point of time from which they started occupying property with requisite animus possidendi to knowledge of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 138-- Cross examination - If a witness is not cross-examined in respect of her deposition on a particular fact and is not confronted with a plea to the contrary, the fact so stated by the witness is deemed to have been admitted as correct by the party against whose interest the witness has deposed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A-- Eviction - Personal necessity - Alternative accommodation - Tenant's contention that first and second floor of demised premises are vacant and therefore, sufficient for landlord - Held, tenant is no one to dictate terms to landlord - Landlord is best judge of his own requirement - If after..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 65-- Adverse possession - Plea of adverse possession must be expressly raised and established - One cannot be permitted to raise mutually inconsistent pleas at different stages of suit to base his claim as sharer in ancestral property and other plea based on adverse possession - Plea as to adverse..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112-- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Proviso to O.6.R.17 does not create an absolute bar or shut out entertaining of an application for amendment of pleadings after commencement of trial but only permits it if party seeking amendment shows that, in spite of due diligence, he could not raise the plea prior to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative plea - When there is no inconsistency in the facts alleged, a party is not prohibited from taking alternative pleas available in law...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative plea - If plaintiff succeeds on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea pales into insignificance...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative plea - Plea of license and tenancy can be taken together by plaintiff for grant of relief in a suit for possession...........

Showing : 981-990 of 4019 Results