Showing : 141-150 of 452 Results

UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5-- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, Constitution of India, 1950, Article 226, 227-- Taking possessions of secured assets - Exercise of power by District Magistrate/Chief Metropolitan Magistrate - Cannot be questioned by filing appeal under S.17 of Act - However right of judicial review under Art.226/227 of Constitution is not taken away - But power of judicial review can be..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 13(4), 17-- Bar to Civil Courts jurisdiction - Enforcement of security interest - Civil suit challenging action of secured creditor in taking possession of secured assets under S.13(4) - Not maintainable - Remedy is to file appeal under S.17 of Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111-- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held, said finding..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second Appeal - High Court framed more issues at the time of hearing without giving any opportunity to parties to lead their respective evidences - Held, Court can exercise jurisdiction only on the basis of substantial question of law framed at the time of admission - Impugned order set aside...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Availability of an alternative remedy of appeal is not an absolute bar in entertaining a petition u/s 482 of the Code - Trial Court dismissed complaint on a technical ground - Interest of justice require High Court to exercise its jurisdiction to set aside such an order so that trial Court could..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second Appeal - Involvement of substantial question of law is sine qua non for exercising jurisdiction u/s 100 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115-- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to remand..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a)-- Return of plaint for presentation before proper Court of jurisdiction - Appeal against - Held, it is an order purportedly passed U.O.7.R.10 CPC against which First Appeal From Order is provided U.O.43.R.1(a) CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Guardians and Wards Act, 1890, Section 47, Family Courts Act, 1984, Section 19- - Custody of child - Suit for mandatory injunction by wife - Return of plaint to plaintiff-appellant for presentation before proper court of jurisdiction - Appeal against said order u/s 47 of the Act - Maintainability - Held, S.47 of the Act does not include any order passed by the Family Court..........

Showing : 141-150 of 452 Results