Showing : 41-50 of 155 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96-- First appeal - It is a valuable legal right of litigant - High Court should not have dismissed the appeal in limine but in first instance should have admitted the appeal and then decided finally after serving notice of appeal on opposite party - Instantly, Learned judge while dismissing appeal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31-- First appeal - Scope - When appellate Court had come to conclusion that plaintiff had no locus to file the suit, then it could not have adjudicated upon merits of case in appeal...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11-- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Section 5-- Appeal - Delay of 25 days in filing appeal - Condonation of delay - Appeal allowed first and as a consequence delay condoned - Procedure adopted by lower appellate Court is strange - Unless delay is condoned, appellate Court does not get jurisdiction to decide appeal on merits - Impugned order of..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Decided on merits without hearing either of parties - Not permissible...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2-- Leave to file appeal by third party - A person who is not party to a decree or order may, with the leave of Court, prefer an appeal from such decree or order if he is either bound by decree or order or is aggrieved by it or is otherwise prejudicially affected by it...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10-- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner is aggrieved by a decree or..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96, Order 41-- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 96-- Money decree - Appeal - Decretal amount paid during pendency of appeal - After decretal amount was paid an opportunity was given to appellant as to whether it wanted to pursue appeal or not - Arrogance of officials not to take decision and attitude that `let the Courts decide and play safe' not a..........

Showing : 41-50 of 155 Results