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UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A-- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A-- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1-- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16-- Striking off defence - Court has inherent power to strike off defence, outside the provisions contained O.6.R.16 CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Striking off defence - Non-payment of maintenance amount - If husband has willfully failed to make payment of maintenance and litigation expenses to wife, his defence can be struck off in exercise of powers u/s 151 CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16-- Striking off defence - Non-payment of maintenance amount by husband - No material produced by husband to prove that he paid the amount of maintenance and litigation expenses as per order passed by Family Court - Family Court thus, perfectly justified in passing an order to strike off defence of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 2-- Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final arguments and trial Court essentially has to consider these aspects...........

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