Showing : 231-240 of 747 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
GUJARAT HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Recovery suit - Leave to defend - Sought on the ground that plaintiff has taken advantage of financial conditions of defendants - Not a single document placed on record by defendants to support their stand - Court must consider grant of unconditional leave in such cases where defendant is able to..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Defendants can set up by way of counter claim a prayer for setting aside a Gift Deed in a suit for recovery of possession u/s 6 of SRA - However it need not be considered along with the suit - Court can exclude counter claim on motion made by plaintiff U.O.8.R.6-C, CPC...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Suit for recovery of possession - Nothing precludes the parties from filing Civil Revision Petition and an appeal suit independently against the verdicts in suit and counter claim and later club together the cases for hearing...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for declaration of title and recovery of possession - High Court upheld title but failed to decide other reliefs - Matter remitted to trial Court for fresh adjudication with regard to reliefs of recovery of possession and permanent injunction only...........
DELHI HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 58-- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining..........

Showing : 231-240 of 747 Results