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Results of civil procedure code o 41

Showing : 131-140 of 1080 Results

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It cannot be said that there is no relevance to the document in question - Appellate Court directed to take up said application and dispose of the same along with appeal...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 33 -- Non-framing of points of determination by Lower Appellate Court - Amounts to violation of provisions of O.41.R.33 CPC, as framing of points of determination is mandatory - Impugned order of lower Appellate Court set aside - Matter remitted back to Lower Appellate court for reconsidering matter after framing points of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Cannot be allowed to remove lacuna in evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 27, Evidence Act, 1872, Section 45 -- Additional evidence at appellate stage - Comparison of thumb impression - Appellants unable to give satisfactory reasons as to why they could not produce expert evidence before trial Court - Even, plaintiffs are guilty of remissness in the Court below as such they are not entitled to remove..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Second appeal - Application U.O.41.R.27 CPC filed by both the parties in lower appellate Court but same was undecided - Judgment and decree of lower appellate Court set aside - Matter remitted back to lower appellate Court for fresh consideration...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Translated version of document, marked exhibit in trial Court, sought to be produced in appellate Court - It is not additional evidence - Translated version can be filed before Court at any time - Document to be taken on record without any demur by Court...........

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, 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

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced by way of additional evidence may have a bearing relevant for deciding controversy between parties - This document was not in possession of appellant at the time of trial and came to his notice at the stage of pendency of revision petition - Authenticity..........

Showing : 131-140 of 1080 Results