Showing : 561-570 of 2376 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of Civil Court - Dispute regarding ownership of agricultural land - Civil Court has no jurisdiction where disputed property is agricultural land and only Revenue Court has jurisdiction to decide title and ownership - When dispute relating to agricultural land comes under consolidation..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27-- Additional evidence at appellate stage - Before Admission of appeal or before initiation of hearing of appeal - Cannot be allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Evidence cannot be admitted in appeal on the ground that earlier in Lower Court appeal, evidence could not be adduced because of wrong legal advice, as evidence in appeal can be admitted only on three grounds mentioned in O.41.R.27 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - If evidence was already available with appellants but was not filed knowingly, such evidences cannot be accepted in appeal U.O.41.R.27 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing substantial question of law - Suit for perpetual injunction dismissed by both trial Court and first appellant Court - High Court committed error by reversing the judgment of trial Court and appellate Court without formulating substantial question of law and complying..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5-- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were `exonerated' from liability..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4(2), 5, Civil Procedure Code, 1908, Order 41, Rule 31-- Second appeal - While deciding second appeal, it is obligatory upon High Court to properly set out the case of parties, findings recorded by trial Court and first appellate Court, arguments of parties on the questions of law framed in the light of law applicable to the controversy involved by..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 104(2)-- Appeal - Interlocutory order - Appeal would not lie against interlocutory orders passed in an appeal filed u/s 104 or O.43 CPC - However, if appeal arises from an interlocutory order passed in an appeal filed u/s 96 or O.41 CPC, same is maintainable and bar u/s 104(2) CPC would not apply...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Finding that Civil Court has no jurisdiction to entertain suit - It amounts to a decree - Remedy is of appeal u/s 96 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Non impleadment of transferee/assignee pendente lite - Suit or appeal not to be dismissed - Transferor/assignor has a right to continue the suit - It is the option of transferee/assignee to move an application for impleadment - There cannot be dismissal of suit on account of failure of..........

Showing : 561-570 of 2376 Results