Showing : 151-160 of 317 Results

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..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Dissolution of Muslim Marriages Act, 1939, Section 4-- Judgment on admission - Dissolution of marriage - Wife apostatizing from Islam - Plea of demurrer - Unambiguous admission as to factum of reconversion - Mechanical and bald denial could not be considered as valid denials as required U.O.8.R.5 CPC - Suit decreed by trial Court solely on basis of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49- - Fraud - Legal malice - Consolidation officer accepted statement of withdrawal of objection made on behalf of appellant without verifying correctness of same and without examining rights of parties with reference to documents in relation to suit property - No reasons given in impugned order why..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for specific performance of an oral agreement to sell - Plaint does not disclose any clear cause of action - Clever drafting methodology used to create semblance of cause of action - Plaint alleged to be barred by limitation being filed after lapse of period..........
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..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of ownership - Whenever any person is found to be in settled possession of any immovable property continuously and without any obstruction for a long period of time, presumption of ownership would follow possession - Court committed error by disallowing declaration only on the basis..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Suit for specific performance - Delivery of possession - Possession of suit property was proved by plaintiff through Ex.P2 & P3-pahani which shows the name of plaintiff as purchaser - These documents prima facie establish possession of plaintiff of suit property - Injunction..........
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 : 151-160 of 317 Results