Showing : 191-200 of 285 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - When an application for adducing additional evidence is allowed, the appellate Court has two options - It may record the evidence itself or it may direct the trial court to do so - Trial Court cannot be directed to dispose of the suit after taking evidence - In the instant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Power of court - Held, court has power and jurisdiction to make an order for production of documents at any time during pendency of any suit - Such an order can be made only if two pre-conditions are satisfied, namely, that the documents must be in possession or power of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced formed the very basis of the claim and their consideration was necessary for just decision of the case - Reason for not producing the same at the time of trial was that original plaintiff died during pendency of suit and..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 17, Rule 3-- Non production of evidence - Dismissal of suit - Application supported by an affidavit seeking adjournment filed - Court instead of deciding application dismissed the suit U.O.17.R.3 CPC - Delay in case not attributable to plaintiff only - Defendant was granted 11 adjournments for two years to..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Proviso - Commencement of trial - Proviso must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Registration Act, 1908, Section 77, 17, 18-- Provision of S.77 of the Act providing for a suit for a decree directing for the registration of documents is confined only to documents which are set out for compulsory registration u/s 17 of the Act and not to any other document covered by S.18 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
JHARKHAND HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 20, 118-- Recovery suit based on pronote - Defendant admitted signatures on the documents - The defendant pleaded that he put signatures on blank forms which were filled later - Held, burden is on defendant to prove his plea - Bank is not required to prove that defendant put signatures on filled up forms...........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Oral agreement to sell - Receipt of receiving two lacs issued - It was agreed that the agreement to sell shall be entered into within two months after discussing the details of the terms and conditions and the price - Pursuant to the token receipt, two other documents..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58-- Sale & agreement to repurchase embodied in separate documents - Not mortgage - Time to be essence of contract - Held, that if sale and agreement to repurchase are embodied in separate documents, it cannot be a case of mortgage and in such cases relating to reconveyance time is always the essence..........

Showing : 191-200 of 285 Results