Showing : 211-220 of 7342 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19(1)-- Appeal - Maintainability - An order of family Court either allowing or dismissing an application for temporary injunction, is an interlocutory order - No appeal therefore, lie against such order in view of provision contained in S.19(1) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13B-- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 10, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section 96-- Dismissal of application U.O.22.R.3 CPC - Miscellaneous appeal against dismissal of an application U.O.22.R.3 CPC is not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 15-- Decree of divorce - Pendency of appeal - Second marriage - Restriction placed on second marriage till dismissal of an appeal does not apply to a case where parties have settled and decided not to pursue the appeal...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 23, Rule 1-- Decree of divorce - Pendency of appeal - Second marriage - Application to withdraw appeal filed on 28.11.2011 and order of withdrawal passed on 20.12.2011 - Second marriage performed on 6.12.2011 i.e. after filing of application to withdraw appeal and before order of withdrawal was passed - Held,..........

Showing : 211-220 of 7342 Results