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Results of appeal

Showing : 461-470 of 8254 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Compromise Second appeal disposed of affecting rights of parties in light of compromise - High Court did not examine plea of appellants properly keeping in view the facts alleged in application and while negating attack and observed that appellants are free to take recourse to any other legal remedies - Since..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of suit/appeal - Death of one of plaintiffs - Suit for accounts of partnership firm - All three plaintiffs had independent rights in partnership firm - On account of death of one of plaintiffs, if LRs are not brought on record then right of deceased plaintiff will stand defeated but it cannot defeat rights of other..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order dismissing appeal against dismissal of an application U.O.9.R.13 CPC - Second appeal against such order is not maintainable, being not against a decree...........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 96 -- First appeal - Maintainability - Order dismissing application U.O.9.R.13 CPC - First appeal u/s 96 CPC is not maintainable against such an order, as first appeal has to be preferred against such order u/s 104 r/w O.43.R.1(d) CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to jurisdiction of trial Court - Objection not raised either before trial Court or even in First Appellate Court - Said objection cannot be raised for the first time in second appeal - Objection rejected...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Re-appreciation of evidence - U/s 100 CPC, jurisdiction of High Court to interfere with judgment of Courts is confined to substantial question of law - In the absence of substantial question of law, findings of fact are not amenable in second appeal...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence - High Court cannot re-appreciate the evidence and arrive at different conclusion - No re-appreciation of entire evidence is warranted in second appeal...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Constitution of India, 1950, Article 136 -- Appeal - Merely because two Courts have taken particular view on material issues, that by itself does not operate as fetter on Supreme Court to exercise jurisdiction u/art 136 of Constitution...........

Showing : 461-470 of 8254 Results