Showing : 651-660 of 1234 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 6, Rule 17-- Arbitration award - Setting aside - Amendment of application to set aside award - Held, when application u/s 34 to set aside award is made within prescribed time, Court can allow amendment in the application if the peculiar circumstances of the case so warrant and it is so required in the interest..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 12(2)-- Minor defendant - Attaining majority during pendency of suit - Not choosing to come on record and to contest suit himself - Held, minor must be deemed to have elected to abide by the representation of the guardian and the judgment and decree eventually passed in the suit is binding upon him - Mere..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Sought with regard to the title of the land in question which has been disputed by the opposite party - No issues framed with regard to the title of the property - No finding recorded - Matter needs a fresh decision - Impugned order set aside - Matter remanded for decision..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 92-- Leave to file suit u/s 92 of the Code - Notice has to be issued to the defendants before granting leave to file suit u/s 92 of the Code - Neither any notice issued nor any opportunity of hearing given to the defendants - Order of granting leave set aside - Case remitted back for deciding afresh...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 34-- Suit for recovery - Interest pendente lite - Grant of - Whether in proceedings initiated for recovery contractual rate of interest would govern terms of recovery including award of interest pendente lite or award of interest pendente lite would be granted as per discretion of court in accordance..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation that premises..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 3, Civil Procedure Code, 1908, Order 19, Rule 1-- Petition for divorce by mutual consent - Trial court after recording statements on the first motion fixed a date after six months - On expiry of period of six months, husband did not appear in person as he had gone abroad for studies - His father appeared as his attorney and filed affidavit on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte eviction order - Setting aside - Clerk of counsel intimating wrong date - Bald statement of tenant - Counsel or his clerk not examined as a witness - Bald statement of tenant is not sufficient to set aside ex parte eviction order...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9, Evidence Act, 1872, Section 3-- Local Commissioner's report - Evidentiary value - Local Commissioner appointed for demarcation - Permanent points fixed and demarcation carried out in accordance with `Musabi' supplied by Court - Report of Local Commissioner cannot be set aside merely for the reason that he consulted another..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 5-- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could..........

Showing : 651-660 of 1234 Results