Showing : 961-970 of 1908 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 58-- Fact admitted need not be proved - Factum of residence of landlord on the back side of the premises in dispute, pleaded by landlord and admitted by tenant in written statement and tenant and his witnesses also so admitted in cross examination - There is no need to prove such fact either by ration..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment to incorporate counter claim - Time barred - Suit was filed on 08.12.2005 - Written statement filed on 23.10.2007 - Application to amend the written statement to incorporate counter claim filed on 28.07.2008 - Except pleading inadvertence as to why counter claim was..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Cannot be allowed when defence is already struck of...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Agreement to sell-- Specific performance - Clause of payment of damages in agreement - Contention of defendant that in the light of such clause plaintiff is not entitled to specific performance except for compensation - Such plea not taken in written statement - Plaintiff deposited the entire balance sale..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Eviction petition - Additional evidence - Sought to be produced at the stage when petition was fixed for arguments - Such evidence not produced at the earlier stage - Tenant some what negligent - By itself not sufficient to negate the prayer - Copies of plaint and written statement in earlier suit..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Can be allowed at any stage of the proceeding - Liberal view should be taken only if the amendment sought is necessary to adjudicate the real issue involved...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Amendment of plaint and amendment of written statement stand on different footings - Amendment of plaint cannot be allowed to alter materially or substitute the cause of action or the nature of claim - However amendment of written statement can be allowed to add a..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for want of jurisdiction - Plaint or written statement can contain new averments which were not there in the plaint which was returned - Plaint when represented in a Court having jurisdiction then suit has to be treated as a fresh suit and it can proceed in accordance with the law..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Defendant made a statement that he will not demolish the wall - In view of statement case adjourned for filing written statement and reply to stay application - Written statement filed - Two days thereafter wall demolished - View taken by Courts below that statement of defendant that he shall not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Partnership Act, 1932, Section 69(2)-- Suit filed by unregistered partnership firm through its unregistered partner to enforce a right arising out of a contract - Suit is barred u/s 69(2) of the Act - Further, held, such a suit is barred even when plea of its maintainability is not taken in the written statement but it so proved during..........

Showing : 961-970 of 1908 Results