Showing : 141-150 of 445 Results

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
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..........
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...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Value more than jurisdiction - Order set aside in appeal as exact value of property can be determined only when parties lead evidence - Plaint sent to Civil Judge (Senior Division) and not to Civil Judge (Junior Division) by holding that in case on the basis of evidence to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Dismissal of main appeal on merits without deciding application for additional evidence - Legality of - Held, parties have a statutory right to lead additional evidence and Ist Appellate Court has power to allow such additional evidence, inter alia, for any other substantial..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Bihar Re-Organization Act, 2000, Section 89,62, Civil Procedure Code, 1908, Section 20-- Re-organisation of Jharkhand - Pending proceedings - Transfer of - Declaratory suit for reinstatement decreed - Plaintiffs workmen in Power Plant situated in area falling in State of Jharkhand after re-organisation - On appointed date appeal against decree pending in Court in Bihar - Decree..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - In the absence of perversity in the judgment, interference by Supreme Court exercising extraordinary jurisdiction is not warranted - However, when appeal is heard by an appellate Court, being the final court of fact, is fully competent to re-appreciate, reconsider and..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Constitution of India, 1950, Article 136-- Scope - Extra ordinary jurisdiction of Supreme Curt under Article 136 of the Constitution is not and cannot be a substitute for a regular appeal where the same is not provided for by the law - The scope of any such appeal is limited lest the spirit and the intent of law that does not sanction a..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against conviction - Power of appellate Court - Held, it is open for appellate Court to re-appreciate the findings on the basis of evidence and to correct the finding of Court below while exercising appellate jurisdiction in terms of S.386 of the Code...........

Showing : 141-150 of 445 Results