Showing : 171-180 of 747 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 16-- Jurisdiction of Court - Suit for recovery of immovable property or for determination of other right to, or interest in the immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Recovery of unsecured loan - Leave to defend - Defence disclosed by defendant is riddled with serious contradictions and does not inspire confidence - Infact, sham and illusionary defence is set up by defendant - Being an unsecured loan, it was expected that rate of interest would..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 115-- Estoppel - Arbitration award - Challenge to - Four suits had the basis of claims of parties on the award - Defendant himself has filed suit for recovery of property which fell to his share on the basis of said award - He cannot approbate and reprobate and blow hot and cold at one and the same time..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........

Showing : 171-180 of 747 Results