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Results of civil procedure code 107

Showing : 1-10 of 39 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(2), Order 7, Rule 11 -- Application U.O.7.R.11 r/w S.107 CPC - If suit can be dismissed or rejected U.O.7.R.11 CPC, then appeal which is in continuation of the suit can also be decided or rejected U.O.7.R.11 CPC specially on the issue of Court-fees and valuation of appeal as provisions of CPC which..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(1) -- Determination of Court-fees - Power of first appellate Court u/s 12 of Court-fees Act - First appellate Court is competent to adjudicate the issue in respect of amount of fees payable in appeal as well as in suit - However, Court-Fees Act being substantive law in respect of payment of court..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 107, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Plea of bona fide purchaser - No defence would be available to pendente lie transferee that he was a bona fide purchaser with consideration and without notice U.O.21.R.102 CPC and S.52 of T.P Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be taken at the instance of parties concerned or suo motto by Court, if documents have the contents which would facilitate pronouncing of judgment in a more satisfactory, composite and holistic manner - However, Appellate Court can allow such evidence only after..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Ordinarily Appellate Court would not traverse beyond the records of lower Court and would not admit additional evidence for mere asking - However, S.107 CPC is an exception to this, enabling Appellate Court to take additional evidence or to require such evidence to be..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Circumstances under which additional evidence can be adduced are: (i) when Court refuses to admit evidence or; (ii) when party seeking such additional evidence did not have knowledge about such evidence or could not have procured such evidence despite exercise of due..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 107(2), Order 41, Rule 24 -- Powers of appellant Court - Appellate Court has jurisdiction to adjudicate the dispute and finally determine the issue raised in the suit and pronounce judgment, even if it was not decided by trial Court...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 24 -- Remand of case by Appellate Court - No doubt S.107 CPC empowers appellate court to remand a case, but it simultaneously empowers appellate court to take additional evidence or to require such evidence to be taken - O.41.R.24 CPC provides that where evidence on record is sufficient, appellate court may..........

ORISSA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 107, Order 1, Rule 10(2) -- Transposition of a party - Powers of appellate Court - U.O.1.R.10(2) & S.107 CPC, Appellate Court has power to transpose respondent as appellant or an appellant as respondent in the ends of justice...........

Showing : 1-10 of 39 Results