Civil Procedure Code, 1908, Section 151 -- Additional evidence - Unless strong reasons are pleaded and Court is satisfied with such reasons, it is not desirable to re-open evidence, merely on the parties making such requests...........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Electricity Act, 2003, Section 181, Civil Procedure Code, 1908, Section 151 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 80 - Inherent power of Commission - Held, that there cannot be any restrictions in Conduct of Business Regulations on exercise of inherent powers by Commission - But specified inherent powers are not as..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
Civil Procedure Code, 1908, Section 47, 151 -- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP schedule property by way of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Demarcation of suit land - Case is at final stage - No prayer regarding demarcation of suit land made by either party, while they were leading their evidence - Evidence of defendants was closed and they did not challenge the same - Defendants thus, had the opportunity but they did not avail the same at the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Matter listed for arguments - Application sought for examination of certain witnesses by defendants after closure of their evidence - No specific averments in the application that defendants despite due diligent failed to examine and produce the witnesses while leading defendants evidence - More so, no new..........
