Showing : 581-590 of 2376 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Dismissal of suit - Order of attachment before judgment comes to an end - Order of attachment before judgment will not automatically revive even if appellate Court allows an appeal and reverses the decree of dismissal of suit...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31-- Judgment of appellate Court - Points of determination - First appellate Court gave cogent reasons for not interfering with the findings of trial Court - Though points of determination have not been framed but appellate Court stated its own points for deciding appeal - No procedural defect in the..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appellate Court is required to deal with application for additional evidence at the time of final hearing of appeal and not before that...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21-- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first move application before Rent..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned - Application..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 13, Rule 9-- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 152-- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 152, 153A-- Decree - Amendment - Where dismissal of appeal by first Court was not U.O.41.R.11 CPC, judgment and decree of trial Court would merge with judgment and decree of affirmance passed by appellate Court and in such case an application u/s 152 CPC would not be maintainable before trial Court...........

Showing : 581-590 of 2376 Results