Showing : 21-30 of 41 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 80-- Notice to State - State proper party - Maintainability of suit - Plaintiffs have not claimed any relief whatsoever against State - State was only a proforma defendant in suit - Plaintiffs had only prayed that defendant No.3 is the owner of suit land but defendants 1 & 2 are raising construction..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Prevention of Food Adulteration Act, 1954, Section 20-- Sanction for prosecution - Filling up blanks of proforma - Shows complete non application of mind - While granting sanction for prosecution sanctioning authority is required to thoroughly examine the matter as to committing an offence and that it is in the public interest to accord sanction -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Proforma defendant - Can be transposed as plaintiff - Courts can always transpose a defendant as a plaintiff and can grant decree in its favour to avoid multiplicity of litigation and to do complete justice between the parties...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 167(2)-- Proforma as prescribed u/s 173(2) Cr.P.C. filed and there was not a single piece of paper indicating the state of investigation process undertaken by the police machinery - Filing of such a proforma shall not defeat the indefeasible right accrued to an accused disentitling him to claim the relief..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Deletion of name of proforma defendant - Held, plaintiff is the dominus litus of the suit and he can choose as to against which party he wants claim as relief - Plaintiff is well within his right to pray for deletion of name of one of the defendants...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Registration Act, 1908, Section 17-- Agreement for construction of plinths - On completion of plinths the same to be handed over to FCI under a lease agreement to be executed between the parties in prescribed proforma - It is only an executory agreement and not an agreement creating rights in immovable property, hence not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Proforma defendant - When no relief against proforma defendant in the earlier suit is claimed then principle of res judicata does not apply. AIR 1956 P&H 129 distinguished...........
CALCUTTA HIGH COURT
Year of decision: 2002
Details
Evidence Act, 1872, Section 137-- Proforma defendant - Cross examination - A proforma defendant has no right to examine either adversely or friendly plaintiff's witnesses - Nor he has any right to bring his own witnesses and cross examine adversely defendant's witnesses - Moreso when proforma defendant has not filed any written..........
ALLAHABAD HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Proforma defendant - Transposing as plaintiff - Plaintiff and contesting defendant compromised - Suit already decided - Cannot be reopened by permitting the proforma defendant to be impleaded as the plaintiff in the suit - If the proforma defendant has any cause of action independently, it is..........
ALLAHABAD HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposing of proforma defendant as plaintiff when plaintiff enters into compromise with contesting defendant - If proforma defendant has any cause of action independently then he can file suit against such defendant - But a suit, which has already been decided between the plaintiff and the..........

Showing : 21-30 of 41 Results