Showing : 571-580 of 2151 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96-- First appeal - First appellate Court did not deal with any of the submissions urged by appellant and/or respondent nor it took note of the grounds taken by appellant in grounds of appeal nor made any attempt to appreciate evidence adduced by parties in the light of settled legal principles and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Appeal - In the instance of suits in which common issues have been framed and a common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments - However, this is not to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where two or more suits have been disposed of by one common judgment but separate decrees, there can be no `former suit' as stipulated by S.11 CPC - Non filing of an appeal against one or more of those suits ought not to preclude the consideration of other appeals on merits and the..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement at appellate stage - Defendant well aware of the facts sought to be introduced by way of amendment from the beginning of suit - Suit remained pending for almost five years but said plea was not taken by defendant - It cannot be said that defendant in spite of due..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7-- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of appeal - Increase in Court fee payable after institution of suit and before filing of appeal - Court fee is payable on memorandum of appeal according to law in force on the date of institution of suit, in the absence of any provision giving retrospective effect to the amendment..........

Showing : 571-580 of 2151 Results