Showing : 21-30 of 743 Results

SIKKIM HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Recovery suit for possession, eviction and other reliefs - No error apparent on face of record or some mistakes or palpable error which is self evident in judgment sought to be reviewed - Petitioners attempted to argue the case on merits afresh seeking re-appreciation of evidence on..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Plea of O.2.R.2 CPC - Cause of action for present suit for recovery of possession and earlier suit for permanent injunction are different - Plea of O.2.R.2 CPC does not apply...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Promissory note - Presumption - Recovery suit - Execution of promissory note is not disputed by defendant, though he denied consideration and attestation - Suit promissory note is not a compulsorily attestable document - Since execution of promissory note admitted by defendant, burden is on..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Recovery suit - Petitioner cannot be permitted to re-argue same points which are already dealt, answered and rejected by detailed judgment - All pleas were raised before High Court and after considering those pleas, judgment in appeal was rendered by High Court - Petitioner not entitled..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 468, 471-- Complaint u/ss 420, 468, 471 IPC - Civil and criminal proceedings - When there is civil suit for recovery of money, it cannot be said that there cannot be complaint case...........

Showing : 21-30 of 743 Results