Showing : 51-60 of 437 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 8, Rule 6A-- Counter claim - First appeal - Even if counter-claim is for a lessor amount than the suit claim, even then in respect of counter-claim appeal will lie to the same Court in which appeal will have to be filed in respect of the suit and for the purpose of jurisdiction, composite value of both the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96-- First appeal - Jurisdiction of first appellate Court is very wide like that of trial Court - It is open to appellant to attack all findings of fact or law in first appeal - It is duty of first appellate Court to appreciate entire evidence and may come to a conclusion different from that of trial..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Section 5-- Appeal - Delay of 25 days in filing appeal - Condonation of delay - Appeal allowed first and as a consequence delay condoned - Procedure adopted by lower appellate Court is strange - Unless delay is condoned, appellate Court does not get jurisdiction to decide appeal on merits - Impugned order of..........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 25(1)-- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 397(3), 401-- Revisional jurisdiction - High Court is not sitting as a Court of appeal to scrutinize the evidence and material on facts brought before trial Court and appellate Court - Revision jurisdiction of High Court is very limited to the extent as to whether there is correctness, legality or proprietary..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Education-- Admission to medical college - Permission to admit additional 50 students to MBBS Course - Inspection report as to facilities available in Medical College - Inspection team found large numbers of deficiencies in facilities available in a Medical College and thus permission not granted to admit..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16-- Appeal - Eviction order - Right to appeal is limited to senior citizens and parents, which are treated as aggrieved for the purpose of preferring appeal - Appeal at the instance of son and daughter-i, law who were ordered to be evicted, is not maintainable - In absence of any remedy available,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........

Showing : 51-60 of 437 Results