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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 was wholly dependent upon..........

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 relied upon by defendant -..........

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 and commencement of evidence..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Pre-condition for allowing secondary evidence - Court should be satisfied that appropriate steps having been taken by concerned party for producing original documents which are not in possession and which are stated to be in possession of the other person - However, if original documents could not be produced and..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Court cannot grant leave to file documents at a belated stage for mere asking - Plaintiff who seeks to file documents at such stage, has to satisfy two conditions namely; (a) documents are necessary for deciding the real controversy in suit (b) existence of sufficient cause for..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Diligence of plaintiff - Factum that proposed documents were not filed along with plaint despite their existence, shows plaintiffs were not diligent in filing relevant documents - More so, plaintiffs failed to explain relevancy of proposed documents in determining real..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land in suit survey number - However,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no independent witness produced by..........

Showing : 71-80 of 363 Results