Showing : 201-210 of 683 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 34-- Bahi entries - Recovery suit - Bahi entries in `Lande' script which is neither known to plaintiff or to defendant - Munim not examined - Bahi entries signed by defendant - Voucher signed by defendant which is an acknowledgement of amount due as on 31.03.2004 - Having appended their signatures on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 34-- Suit for recovery - Bahi entry - Bahi signed by defendant - Mere proof of signatures can not be proof of execution of a document - Plaintiff failed to give details of currency notes that were handed over to defendant - Execution of entry not proved - Defendant an illiterate person and it could be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami owner - Plea of benami - Suit for possession and recovery of damages/mesne profits - Plaintiff out of his own sources paid a total consideration of Rs.68,000 to HUDA - Defendant on the other hand failed to prove the source in order to establish the plea of benami - Both the Courts below..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit for recovery - Setting aside - Non-filing of appearance - Trial Court at the time of passing judgment by default ought to have first considered maintainability of suit U.O.37 CPC - If suit itself was not maintainable U.O.37 CPC no, filing of appearance would be immaterial - This goes..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i)-- Summary suit for recovery - A simple document showing payment by plaintiff to defendant will not be a written contract as contemplated U.O.37.R.4 CPC - Suit lies only if amount claimed is a debt or a liquidated demand of moneys arising on a written contract - This is because it is only promise to..........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21-- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in favour of plaintiffs as they..........

Showing : 201-210 of 683 Results