Showing : 1-9 of 9 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Title suit-- Inability of defendant to prove his title - Weakness, if any, in defence of defendant, does not entitle plaintiff to get a decree in his favour...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Striking out parties - Defendant No.7 filed the application for deletion of another defendants from array of parties - Plaint contain averments suggesting a concerted action, or conspiracy between various defendants - Court cannot in the absence of full trial comment on the strength or weakness of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 101, 102, 103-- Burden of proof - Suit for declaration and possession - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration - Weakness, if any, of the case set up by defendant is not a ground to grant relief to plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Possession-- Suit for - On basis of title - Defendant setting up his rival title - Burden is on plaintiff to establish his title - In appreciating the case of title set up by the plaintiff, Court is also entitled to consider the rival title set up by the defendants - Weakness of the defence or the failure of..........
ORISSA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Defendant who has not filed written statement but is appearing Court cannot be proceeded ex parte - He can cross examine plaintiff's witnesses but such defendant cannot be allowed to lead evidence of his own - Cross examination should be limited to point out the falsity or weakness of plaintiff's..........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Omission to file written statement - Even then defendant can cross examine witnesses of plaintiff in order to expose falsity or weakness of opponent's case - Defendant can also address arguments - However, defendant can neither lead evidence nor he can set up his defence in cross examination..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Judgment-- appreciation of evidence - Plaintiff must succeed or fail on his own case - Cannot take advantage of weakness of defendant's case to get a decree - Plea that in absence of any evidence on side of defendant and more so when defendant's counter - claim dismissed, plaintiff's suit should be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff is to establish prima facie that he is in possession of suit property - Court cannot depend upon the weakness in the case of defendant and merely for the reason that defendant could not establish his alleged tenancy it cannot come to the conclusion that plaintiffs..........

Showing : 1-9 of 9 Results