Showing : 581-590 of 2151 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1-- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia)-- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to frame an issue on allegations of cruelty on husband made by wife..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Appeal decided without framing point of determination - Framing of point of determination as provided U.O.41.R.31 CPC is mandatory on part of Appellate Court - Judgment passed without following procedure prescribed U.O.41.R.31 CPC is unsustainable and set aside - Matter remitted..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court in second appeal, cannot interfere with the findings of lower appellate Court on facts unless it appears that those findings are perverse and based on no evidence or there is misreading of evidence...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Held, appellate Court has committed a serious error...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 149-- Court fee - Appeal filed without payment of court fee - If court fee was paid on a later date it would be deemed to have been paid on the date on which appeals were originally presented by virtue of implication of S.149 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 3A-- Delay in filing appeal - Where appeal is not accompanied by an application for condoning delay, consequence cannot be fatal - If appellant subsequently files an application to condone delay before appeal is rejected the same should be taken up along with already filed memorandum of appeal and only..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A-- Delay in filing appeal - Condonation of delay - Filing of an application for condoning delay of 1727 days without disclosing reasons and failure to pay court fee at the time of appeal discloses that there was total lack of bona fides in its approach - Delay condoned by High Court after imposing..........

Showing : 581-590 of 2151 Results