Showing : 11-20 of 743 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Additional relief - On basis of notice - Bar of O.2.R.2 of CPC - Original plaint sought for declaration to re-enter suit premises on refund of premium, where as amendment envisages recovery of possession on premises of notice - Since cause of action for original reliefs claimed and relief omitted..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- First appeal - Suit for recovery of money - Suit partly decreed by trial Court in favour of plaintiff - - Appellant challenged estimate and technical report - First Appellant Court without giving any reason affirmed judgment and decree of trial Court - First Appellant Court being final Court of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather,..........
KERALA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property -..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 6-- Suit for recovery of possession - Once plaintiff is able to prove its possession and prime facie proves that its dispossession is not legal or with its consent or in accordance with law the plaintiff is entitled to a decree for possession based upon his possessory title as possession is the ninth..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in..........

Showing : 11-20 of 743 Results