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DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Scope - Rehearing of appeal dismissed on merits not permissible under garb of review - Purpose of review is fairly limited and cannot be used as a tool to re-argue an appeal that has already been decided...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 39, Order 21, Rule 3, 48 -- Execution - Pending at Hissar - Bank account of one of the J.D's at Chandigarh can be attached for satisfaction of decree...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- When Appellate Court agrees with views of trial Court on evidence, it need not restate effect of evidence or reiterate reasons given by trial Court - Expression of general agreement with reasons given by trial Court will ordinarily suffice - However, when first Appellate Court reverses findings of trial Court, it must record..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Is only to be framed in a regular second appeal against a judgment of First Appellate Court and not in execution second appeal...........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Provision of O.41.R.33 CPC applies only when first appeal is filed against main judgment and decree - In execution proceedings said provision is confined only to scope of execution proceedings - There is nothing in O.41.R.33 CPC which empowers Appellate Court in execution proceedings to set aside a final judgment and..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Photocopy of documents can be taken on record U.O.8.R.1-A CPC...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47 -- Decree passed against a dead person is a "nullity"...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........

Showing : 2651-2660 of 22595 Results