...and it was not binding on the Bank as the Bank was not a party to it, therefore, defendant no. 2 was also responsible to make the payment of plaintiff-Bank. During the course of arguments, the...learned counsel for the appellants frankly admits that Bank was not a party to the compromise entered in between the defendant no. 2 Hanuman Prasad and his brothers. In these circumstances, I find that...defendants no. 2 and 3 Hanuman Prasad and Nand Kishore and entire business was transferred to defendant no. 3 Nand Kishore and it was agreed upon in between them that amount of loan will be paid by Nand...

...construction is concerned, unless it is proved that the defendant/petitioner is responsible for such dilapidated condition and alleged demolition, the opposite party no. 1 possibly cannot claim any...structure as shown in schedule which according to the learned counsel for the opposite party is a shed.4. The suit has not been filed for eviction of the defendant on the ground of...properly and the same is required to be maintained properly as per rules of P.E.S.O3. Mr. Kaushik Dey, learned counsel appearing on behalf of the petitioner/defendant in the suit...

...also held the office of Speaker of Lok Sabha and has been a member thereof for eight terms. He is the supremo of National People's Party. Being a responsible and matured politician, defendant no. 1 is...alleged defamatory remarks made by defendant No. 1 against the plaintiff and published by defendant Nos. 2 and 3.4. Brief facts of the case are that the plaintiff is the Chief Minister...of the State of Meghalaya since the year 2010 and leader of the Indian National Congress Party in the State of Meghalaya. He is one of the longest serving Chief Ministers of the State and claims that...

...counsel at the bar and if the party like the defendant is trying to misuse such situation and make an empty denial, it is the mutual confidence that exists between the bar and the bench would ultimately in...Court, is directed to conduct a thorough investigation in this matter and if in such enquiry any person is found to be responsible for the fraud, such person or persons either the defendant or the...Judge, City Civil Court, Bombay, the Rozanama of the Court shows that on that day, the defendant and advocate absent. However, Mr. Lulia, counsel for the plaintiff made a representation that the matter...

...plaintiff's grievance arises directly from the order of a Judicial Tribunal though it is moved thereto by a private party the defendant would not be responsible in damages unless he had acted with malice as...trespass will lie. On first impression one would have decided that such a suit could not lie since the trespass if there is a trespass, is not by the party but by the Court, and when the Court after...hearing both parties passed an order which involved an interference with the legitimate rights of a party who has no cause for damages unless the interference of the Court was obtained by an abuse of its...

...died later. The defence was that Resham Singh was also responsible for scuffle that ensued between Resham Singh and the defendant party and there was a counter case also registered against Resham Singh...' party as aggressors ought not to be, therefore, accepted.4. The defendants ought to fail on both objections, for it is irrelevant that the peson who had been said to be responsible for.... The criminal proceedings had gone side by side and it would appear that the criminal court originally found that the defendants' party were aggressors. However, the judgment appears to be in appeal...

...for damages, from the well-established rule that when the plaintiff's grievance arises directly from the order of a Judicial Tribunal though it is moved thereto by a private party, the defendant would...1. This is a defendant's appeal arising out of a suit for damages. The plaintiff's case was that the defendant in execution of a decree against her husband Abdul Rashid and others attached...behalf of the defendant now is that inasmuch as he had acted in a bona fide manner and the plaintiff has failed to prove any malice or any want of reasonable and probable cause her claim for damages...

...party to the suit. It is further allegation of the plaintiff that the defendant No.6 is also responsible along with TWITTER INTERNATIONAL COMPANY for upholding the contents of the messages, particularly...Order 1 Rule 10(2) of CPC to delete defendant No.6 from the array of parties on the ground that defendant No.6 TWITTER INC is neither proper nor necessary party to the suit...filed by defendant No.6 contending that defendant No.6 - TWITTER INC is necessary party and it is part of TWITTER INTERNATIONAL COMPANY. The trial Court on consideration of the application, by...

...were released by the shipping agent to the purchaser. The contention of the first defendant/Bank is that the third defendant was also made a party, as being responsible for causing loss and damage to...is the principle which governs Order 1 Rule 10 of the C.P Code. Then the question would be, whether third defendant would be either a necessary party or a property party...decided.6. We are of the opinion, if not necessary party, the third defendant would be a proper party to the proceedings in arriving at a right conclusion. Therefore, the application ought...

..., and the plaintiffs did not implead the third defendant of their own accord or on their own volition. It was the first defendant who was responsible for bringing in the third defendant as a party to...1955 by the lorry of the first defendant MDF. 802 driven by the second defendant. The third defendant in the suit was the insurer who was impleaded as a party on the plea of the first defendant that the...third defendant company was a necessary party.The plaintiffs alleged that the second defendant was employed to drive the lorry, that he had no licence for driving a heavy transport...

...did not pay the money. This allegation was denied by defendant 2 in his written statement. As there was no clear finding as to which party was responsible for the breach of the conditions in Ex. B-1...plaintiff and defendant 2 in Ex. B-1? and if so, which of these two parties is responsible for that breaths.3. The finding submitted was that defendant 2 was called upon by the...plaintiff to pay the amount under Ex. B and to take over the promissory note; but that be failed to do so; and that defendant 2 is solely responsible for the breach of the contract in Ex. B-1. This finding...

...Railway. The main contentions on which the plaintiff has based his suit are : (1) He had entered into a contract of carriage with defendant 1, and as a contracting party defendant 1 is ...tender and he was responsible for bringing the said goods from the premises of defendant 5 to his premises. Defendant 5 was not responsible to send the same, but the plaintiff had to collect them, and...plaintiff, as averred in the plaint, is not disputed. The learned trial Judge has found defendant 1 to be a contracting party and defendants 2 to 4 are found to be subagents and, therefore, they are not...

...become liable for interest @ 24% P.A from date of original payment beyond this date. The Second Party shall only be responsible for the remaining consideration.”;7. (v) that the defendant...some other party; (vi) however, the plaintiff has received refund of Rs. 2.35 crores from the OL of AHC and a sum of Rs. 86 lakhs from the other person in whose name the defendant had deposited the said...Rajiv Sahai Endlaw, J.IAs No. 9656/2016 & 9657/2016 (both of defendant for leave to defendant and for condonation of 12 days delay in applying therefor) & IA No. 12094...

...any equities in its favour and it is the duty of the Court to forthwith stop such unauthorised/illegal activities, no matter for how long the same has been continued by the party responsible for the same.”3. ...S.J Kathawalla, J.:— In Notice of Motion No. 158 of 2016, the Plaintiffs drew the attention of this Court to a very serious issue viz. that Defendant No. 10 is allowing the use of the...terrace of the suit property for marriage functions/social gatherings, on the strength of a purported Memorandum of Understanding dated 12th July, 2005, executed between the developer and the Defendant No...

...the present case, the defendant by the proposed amendment is not seeking to make the third party i.e, the Managing Agents responsible. The facts of the present case are distinguishable from the facts...amendment the defendant is seeking to make a third party responsible for the injury and con tends that if what is sought to be pleaded by way of amendment were plead ed in the original written...by amendment does not seek to make a third party responsible for the injury of which the plaintiff complains, these questions do not arise at all.36. In the present case, the defendant, by...

...of contract with the plaintiff and that for the non payment of dues by the first defendant to the plaintiff, as alleged by the plaintiff, this defendant could not be held responsible as they are not...a party to the transaction, which took place between the plaintiff and the first defendant. 20. The learned counsel appearing for the second defendant has also submitted that the...by the first defendant. 2. The facts, which are absolutely necessary for the disposal of the appeal are as under: For easy reference, the appellant herein may...

...Sivaraman, the defendant will be responsible for the same. The plaintiff is not as such a party to the document but is only a witness. No liabilities are cast upon him, nor has he undertaken any...conveyed his property in favour of the plaintiff. The plaintiff is a witness to Ext.B1. He does not admit the contents of the agreement. At any rate he is not a party to the document. The defendant...was issued by the defendant in discharge of an amount of Rs. 98,000/- borrowed from him. The cheque when presented, was dishonoured for insufficiency of funds. It is accordingly that the suit is laid on...

...to say merely from this circumstance that the allotment is void ab initio; it can only be voidable.10. It is contended by Mr. Kotwal that the defendant, being himself a party to the...parties and if the shares themselves were not validly allotted to the defendant for one reason or the other, then the debt of Ramnath itself could not be sustained and, therefore, the ‘havala’ entry could...contract with the company a third party who had no notice of the defect in the directors' authority…”.7. It is contended that the observations in...

...nos. 2 to 22) are executives of Capgemini SE, which is not a party to the suit, or they are responsible for the act of commission and omission of defendant no. 1-organization or they remained silent...K.R. Shriram, J.:— This Chamber summons is for striking out the name of defendant nos. 2 to 22 in exercise of powers under Order 1 Rule 10 of the Code of Civil Procedure..., 1908. According to the applicant, defendant nos. 2 to 22 have been improperly added and are not proper or necessary parties to the suit.2. In paragraph-5 of the affidavit-in...

...plaintiff's grievance arises directly from the order of a Judicial tribunal though it is moved thereto by a private party the defendant would not be responsible in damages unless he had acted with malice as.... Hursooh Dass (1889) 17 I.A. 17 at p. 27. The case was one in which a third party sought to recover damages for wrongful attachment of his property as the property of the defendant in the suit...1. The suit in this ease was for damages sustained by the plaintiff by reason of the defendant causing his properties to be attached before judgment in a suit instituted by the defendant...