Showing : 631-640 of 2376 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 5-- Legal heirs - Order allowing impleadment set aside as : (a) In the first place, the High Court should have remanded the case to the trial court by taking recourse to the provision of O.22.R.5 proviso for deciding the question as to whether applicant was the legal representative of deceased..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62-- Temporary injunction - Restraining defendants from infringing/imitating the plaintiff's Trade Mark which is deceptively similar - Undertaking by defendant that he will change the colour and to use the trade mark which is not deceptively similar to mark of plaintiff - Court allowed defendant on the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 43, Rule 1A-- Order of remand - Appeal against order of remand is maintainable - Matter remitted back to lower appellate Court with direction to pass afresh order in compliance with provision of O.41 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent findings by Courts below are not usually interfered in second appeal - But it is not an absolute rule to be applied universally and invariably - If findings of Courts below are either perverse or not based on material on record the same are subject matter to be looked..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - If additional evidence sought to be produced during appeal was never refused by trial Court to be taken on record and such additional evidence was within knowledge of parties and if Appellate Court requires such evidence for just, proper and fair..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application is required to be heard along with final arguments on appeal - To come to the conclusion as to whether additional evidence sought to be produced during the pendency of the appeal is required to be taken on record for the fair adjudication of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - In absence of any appeal being filed from the common judgment deciding two suits, failure to challenge the decree passed in one of them would not permit the appellate Court to decide the appeal challenging other decree - Appeal rightly dismissed...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 122-- Power of High Court to make rules - There is no fetter for High Court to frame rules regulating the procedure u/s 122 CPC specifying time limit within which decree shall be produced - Decree need be produced by appellant only if appeal is not dismissed U.O.41.R.11 CPC or as time barred or for any..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10-- Application for transposition at appellate stage - Respondent No.3 filed an application for transposition as appellant in appeal filed by legal heirs of plaintiff - He was already arrayed as defendant in suit and also as a respondent in said appeal and was also examined in the proceedings as..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had failed to..........

Showing : 631-640 of 2376 Results