Showing : 1-10 of 52 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Appeal - Right to withdraw - O.23.R.1 CPC is applicable to appeals as well - Appellant has right to withdraw his appeal unconditionally and if he makes such an application to Court, it has to grant it...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and 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 and decree not..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O-- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 99, 141-- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 47, Rule 1(2), Land Acquisition Act, 1894, Section 54-- Review - Acquisition proceedings - Judgment in subsequent appeals should also be subjected to same challenge as was done to judgment in earlier appeals - Parties cannot await the outcome of challenge made to judgment in earlier appeals in order to apply for review of judgment in subsequent..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 24(5), 151-- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 89-- Scope - Provision of S.89 CPC applies even in cases of counter claims in suits as also in appeals, counter objections and counter appeals...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A-- Counter claim - Defendant failing both in the suit and in counter claim - Held, defendant has to file separate appeals challenging decree in the suit and counter claim - Appeal against decree in the suit will be barred by res judicata...........

Showing : 1-10 of 52 Results