Showing : 21-30 of 262 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 53A-- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim for mandatory injunction in a suit for damages - Held, permissible - Provision of O.8.R.6-A CPC, permits defendant to set up counter claim against plaintiff any right or claim in respect of a cause of action accruing to him against plaintiff - Contention of plaintiff that counter..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Interim injunction - Suit for recovery - Interim protection granted in 2006 by Division Bench in force till date - Said order was not challenged - After lapse of 11 years, vacation of injunction order sought on ground that suit is for recovery of damages - Said submission is unsustainable -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the stay of criminal defamation case by claiming benefit u/s..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........

Showing : 21-30 of 262 Results