ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 33, Motor Vehicles Act, 1988, Section 163A, 173-- Accidental death - Enhancement of compensation - O.41.R.33 CPC is only for defending appeal up to the amount awarded by Tribunal and not for reduction of same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58-- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with possession of land in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45-- Report of handwriting expert - Report prepared and submitted but same was not taken on record due to absence of Handwriting expert - Trial Court closed evidence of plaintiff - Held, ends of justice would be met by granting one effective opportunity to plaintiff to examine handwriting expert at his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 92-- Suit for possession - Maintainability - Suit filed by a religious institution for declaration of title and possession of property - Defendants are in possession thereof under void lease deeds - Not one of the relief found u/s 92 of CPC - Hence, suit for declaration that a property belongs to a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
KERALA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 320-- Cheating - Civil and criminal proceedings - Compounding of offence through compromise arrived at in civil proceedings - Permissibility - When civil liability is compromised and settled with a rider that said civil liability or any proceeding in that regard were settled, it has to be taken as a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38-- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to decide issues..........