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Results of pleading

Showing : 91-100 of 612 Results

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Agreement to sell -- Specific performance - Readiness and willingness - Proof of availability of funds is an indispensable factor which needs to be demonstrated by person pleading so - Solvency of person cannot be equated with the willingness of the parties unless such solvency translates into reality as per provisions of S.16(c) of Specific Relief Act...........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Agreement to sell -- Specific performance - Readiness and willingness - Compliance of mandatory provision of S.16(c) Specific Relief Act is a condition precedent - Except pleading readiness and willingness, plaintiff did not make any attempt to substantiate its claim to perform his part by adducing any cogent and convincing evidence - In the absence of compliance of..........

CHHATTISGARH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........

PATNA HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Petition by wife - Second marriage by husband during subsistence of first marriage which was not disclosed to wife at the time of marriage - Husband did not appear despite service - Wife in support of her case filed examination-in-chief of three witnesses supported by affidavit - Held, in view of evidence on..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Agreement to sell -- Specific performance - Plea of hardship - Has to be raised in written statement - Since there is no pleading and proof that house in dispute is the only house owned by defendant, plea cannot be entertained...........

KARNATAKA HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 13(1)(iii) -- Mental disorder of wife - Finding of Family Court that wife is unfit either for marriage and for procreation of children - Found to be incorrect without there being any pleading or proof by husband to that effect - Such finding drawn against wife is likely to have caustic effect on her psyche who is already in struggle with..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 38 -- Suit for fixation of boundaries by way of demarcation of land and for permanent prohibitory injunction as well as for possession - Proof beyond pleading - Court not to look into that aspect - As no specific evidence, whatsoever has been led on record to prove averments contained in plaint where specific allegation of interference,..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - An application u/s 11 of Act is expected to contain pleading about existence of a dispute and applicant is not expected to justify the claim or plead extensively in regard to limitation or production of document to demonstrate that claim is within time and that issue should normally be left..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Will -- Suspicious circumstances - Specific pleading - There should be specific pleading with regard to suspiciuous circumstance by defendant - Unless the same is pleaded and evidence is led on the same, plaintiff will not be in a position to explain the said suspicion by aducing cogent evidence to the effect...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - In pleadings parties have not to plea the law but the facts - It is on perusal of facts of the case that Court has to see as to what provisions of law are applicable or not - Observation of appellate Court discarding application of any particular section on the ground that it is beyond pleading is against the basic..........

Showing : 91-100 of 612 Results