Showing : 231-240 of 667 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 9-- Suit for recovery of money based on negligence on the part of defendants - Suit is not maintainable without seeking relief of declaration regarding acts and omissions on the part of defendants...........
KERALA HIGH COURT
Year of decision: 2013
Details
Family Courts Act, 1984, Section 7(1)(c), 7(1)(e)-- Jurisdiction of Family Court - Held, a suit or proceedings between parties to marriage with respect to property of parties or either of them is maintainable before Family Court - Therefore, when a husband sues his wife for recovery of his property such a suit will squarely fall within jurisdiction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Suit for possession -- Plea that defendant is a trespasser - Defendant contending that he was a tenant - Held, if suit is filed on a plea by an owner, whose ownership is admitted and the defendant pleads a case of tenancy in his favour, unless the tenancy is established, he cannot resist an action for recovery of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Restoration of possession - In order to establish a claim u/s 6 of the Specific Relief Act, 1963 three things are required to be established - (i) that plaintiff was in possession of suit property; (ii) he has been dispossessed without consent and otherwise than in due course of law; (iii) suit..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5), 7-- Recovery suit - Leave to defend - Triable issue - Letter of credit - Defendant Bank failed to inform plaintiff regarding acceptance or refusal of document within prescribed period of time - Thus, there was clear violation of provisions under Uniform Custom and Practice for Documentary Credits..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court fee - Application moved under O.7.R.11 for rejection of plaint on ground of no, payment of ad valorem court fee as no suit for mandatory injunction can be filed for recovery of any amount - Application allowed conditionally and plaintiff directed to append court fee -..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Punjab Registration of Money Lenders Act, 1938, Section 3, 2(8)-- Dishonour of cheque - Complaint - Bar u/s.3 of Act of 1938 - Applicability - Held, S.3 of the Act of 1938 starts with non obstante clause making filing of any suit or any application for recovery of loan or execution of decree relating to loan by money lender to be not maintainable unless money..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Suit for recovery of money by Bank - Defendant No.2 issued cheques in favour of defendant No.1 - Amount of Rs.29,000/- was withdrawn by defendant No.1 while there was insufficient funds in account of defendant No.2 - Said amount was credited in account of defendant No.1 by mistake of bank..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held,..........

Showing : 231-240 of 667 Results