Showing : 1-10 of 811 Results

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 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27-- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to substantiate their case -..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Once a witness is examined, his testimony cannot be allowed to be replaced by another set of facts in order to remove a lacuna - Witness cannot be allowed to make out a new story by twisting the facts - O.41.R.27 CPC does not contemplate a situation..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Eviction suit - Defendant by way of additional evidence sought to produce bill for renovation work undertaken by him in respect of subject premises - Documentary evidence which defendant wanted to lead now was within his knowledge and possession at the time..........

Showing : 1-10 of 811 Results