Showing : 11-20 of 315 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Consent decree-- Written statement filed on the same day suit was instituted and statement of defendant also recorded on the same day - Completing proceedings on the same day does not lead to conclusion that judgment and decree is the result of fraud and misrepresentation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Consent decree-- Family settlement - Undue influence or fraud - Decree was suffered by defendants in the previous suit with their own wish and volition - There was neither any undue pressure nor undue influence or fraud - Defendants had not only filed written statement admitting the claim but also appeared in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Consent decree-- Family settlement - Signatures on written statement filed in the previous suit as well as the statement made before Court by defendants in the previous suit not disputed - In such circumstances, pleadings of the respondents in the previous suit cannot be used against them...........
KERALA HIGH COURT
Year of decision: 2018
Details
Practice and procedure-- Where written statement is not filed by defendant, Court must be satisfied that there is no fact which need to be proved inspite of deemed admission by defendant...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Subsequent added defendant - Neither filed written statement nor adopted written statement of any other defendant - At a later stage wanted to adopt written statement filed by defendant No.6 - Inspite of the delay application allowed looking to subject matter of suit and..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(viA)-- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 25-- Permanent alimony - Pleading by wife in written statement that she be awarded permanent alimony can be treated as an application filed for permanent alimony - But since substantive mandate of law as per S.25 of the Act has not been followed by Family Court, as no discussion of income of parties..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 16, Rule 1A-- Summoning of witness or production of documents - Leave of Court is permissible only if document satisfies the requirement of foundation in pleadings and document is referred to in list of documents in plaint or written statement, but copy or original of such document is not filed along with..........
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..........

Showing : 11-20 of 315 Results