Showing : 41-50 of 317 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17-- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given effect...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59-- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three years..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25(d)-- Court fee - Suit for cancellation of release deed and gift deed - Plaintiff not a party to documents - It is S.25(d) and not S.40 of the Act which is applicable...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Trial not compulsory in every suit - If from documents and pleadings, it is clear that there is no need for a trial and that case of a party stands admitted, Court can pronounce judgment...........
DELHI HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38, 39-- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit..........

Showing : 41-50 of 317 Results