LawMirror.com

Results of c p appeal

Showing : 391-400 of 8254 Results

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate effect of evidence or..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1 -- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Will -- Suspicious circumstances - Executant not identified by any of the attesting witness - There is no requirement that executant must be identified to the attesting witness by some one else - Further, plea that executant was not accompanied by any relative does not create doubt about correctness of Will as there is no evidence that she was dependent upon anybody or was..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no right, title or interest in the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 148, 149 -- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Notification u/s 4 of the Act - Challenge as to - Intra Court appeal - Division Bench dismissed intra Court appeal without dealing with any of issues arising in case and submissions urged by appellant - Once intra Court appeal involves factual and legal issues, it was incumbent upon Division Bench to deal with..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope - Unless and until view taken by trial is impossible view, interference by Appellate Court is not warranted - Even where two views are equally possible, High Court cannot substitute a view of its own in place of one taken by Court below on ground that it is a more plausible view...........

Showing : 391-400 of 8254 Results