Showing : 61-70 of 880 Results

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...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Proceedings u/s 6 of the Act are summary in nature and thus, no appeal is provided against decree u/s 6 of the Act - However, limited remedy of revision u/s 115 CPC is provided to unsuccessful party but only by way of exception - Owner or person entitled for recovery of possession..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 112-- Limitation - Recovery suit - Suit by or on behalf of Government - Suit filed in the year 2003 for recovery of money due to Central Government - BSNL which came to be incorporated by Department of Telecommunication with effect from 2000 is prosecuting suit founded on cause of action of Central..........

Showing : 61-70 of 880 Results