Showing : 191-200 of 784 Results

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,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for declaration of title and recovery of possession - Relief of declaration of title to immovable property is implicit in a suit for recovery of possession based on title, as without establishing title to property, if disputed, no decree for relief of..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406-- Quashing of charge-sheet - Offence u/s 406 IPC - Business transaction between two companies - Dispute regarding payment of money between them - Informant has also filed civil suit for recovery of amount, but same was dismissed on account of territorial jurisdiction - Applicants are mere employees..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 3A-- Minor - Compromise decree - Suit by minor after attaining majority for cancellation of compromise decree - Limitation - Suit filed after three years of attaining majority of minor - Since compromise decree was void as on the date of attaining majority of minor, limitation of six years for recovery..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 110-- Suit for recovery of possession - Person in possession cannot be dispossessed unless he is shown to have better right than defendant - Instantly, plaintiff who seeks himself to be declared as Mahant cannot secure relief without a specific relief sought for in that regard - Since plaintiff's status..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 17-- Registration - In a suit for specific performance, if stamp duty is paid as required, issue of registration is irrelevant so long as plaintiff seeks no prayer for protection of his possession by injunction either as a plaintiff suing for specific performance to protect his possession or taking up..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Amendment of written statement - Recovery suit - Amendment sought for permission to plead a counter claim - Foundation for maintaining a counter claim form part of pleadings in written statement and only the claim amount is sought to be pared down by defendant due to subsequent events - Issues yet..........
DELHI HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 14(2)-- Civil Suit for recovery of money - Existence of arbitration clause - Civil suit for recovery of money is barred on account of existence of an arbitration clause - However, there can be possibility that arbitration proceedings cannot be resorted to then it is only a Court which can decide civil..........

Showing : 191-200 of 784 Results