Showing : 221-230 of 784 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Mere decree for specific performance implies a decree for possession also - Even in the absence of any specific clause in the decree for recovery of possession, executing Court undoubtedly and unhesitainingly is competent to order delivery of the property covered by suit agreement of sale...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 20(c)-- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of..........
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 - Question of ownership is already decided in favour of plaintiff in earlier suit filed by defendant - Said issue need not to be decided afresh - On the basis of ownership decided in favour of plaintiff in earlier suit, present..........
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..........

Showing : 221-230 of 784 Results