Showing : 2391-2400 of 32950 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6(e), 6(g)-- Rejoinder to counter claim - Rejoinder not filed by plaintiff inspite of number of opportunities - However, where plaintiff has to admit portion of defendants case and contradict another portion of it, it is always advisable to file subsequent pleading by way of reply - Trial Court allowed request..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31-- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Matter in issue in both the suits entirely different - Subsequent suit cannot be stayed only on the ground that subject matter in both the suits is same...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31-- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court cannot interfere in second appeal on question of fact, unless and until there is absolute perversity...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 148-- Quashing of FIR - Offence u/ss 323, 147, 148 IPC - FIR registered in 1991 - Till date challan not presented - Hence, after a lapse of more than 26 years, trial Court cannot take cognizance of offence in view of S.468 Cr.P.C. - FIR along with all consequential proceedings qua petitioner quashed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Where appellate Court did not frame any issue and referred matter to trial Court, case falls U.O.41.R.23-A CPC...........

Showing : 2391-2400 of 32950 Results