Showing : 1-10 of 920 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of First Appellate Court - First Appellate Court has to set out points for determination, record decision thereon and give its own reasons - Even when First Appellate Court affirms judgment of trial Court, it is required to comply with requirement of O.41.R.31 CPC - Non-observance of this..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1)-- Appeal - Non-appearance of appellant - Court has no power to dismiss appeal on merits - Court may if deems fit dismiss appeal for default of appearance...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 22(4)-- Appeal - Cross objections filed in appeal - Dismissal of appeal though on merits, yet by itself would not result in dismissal of cross objection also - Cross objection had to be disposed of on its merits notwithstanding dismissal of appeals as provided U.O.41.R.22(4) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 22(4)-- Appeal - Cross objections filed in appeal - Rejection of cross objection without any discussion and reason cannot be countenanced and therefore, not legally sustainable - Matter remitted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6-- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19- - Non-appearance of counsel of plaintiff, as he noted down the wrong date - It is not the case of plaintiff that he was not interested in pursuing the matter - No person be made to suffer on account of lapse of counsel - Non-appearance cannot be fatal in application for restoration filed..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........

Showing : 1-10 of 920 Results