Showing : 131-140 of 313 Results

MADRAS HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit based on unregistered sale agreement - Defendant disputed the execution of agreement for sale - Burden lies on plaintiff to prove it by sufficient evidence, which he failed to prove - Defence of defendant that plaintiff helped her financially in civil litigations..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Will -- Suspicious circumstances - Testator bequeathing suit property in favour of his attorney to the exclusion of his wife and two sons with whom he has good relations - Evidence of attesting witnesses and registrar does not evince animo attestandi, an essential imperative of valid attestation of a Will..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Eviction suit - Application to take on record original rent receipts showing rate of rent - Explanation given by petitioner that documents were given to previous counsel, who failed to file it, does not appear to be mala fide, as no, filing of such..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - In case Court is doubtful about issue of limitation or two views are possible, the benefit would go in favour of plaintiff and issue of limitation be postponed for determination after trial - However, if it is apparent on record from the reading of plaint and..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Non-production of documents, relied upon, with plaint - Failure to produce document alongwith plaint or failure in entering the details of such document in the list annexed to the plaint - Not fatal to the suit at the time of its registration - Such lapse is curable upon obtaining leave of Court...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7-- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not dispense with their proof;..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 11, Rule 14-- Production of documents - Court can order any party to produce documents which are in his possession or power, relating to matter in question, at any time - Consequences for non compliance are set forth U.O.11.R.21 CPC - Power extends to dismiss the suit for want of prosecution or if it is a case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing..........

Showing : 131-140 of 313 Results