Showing : 531-540 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 3, Rule 4-- Authority of pleader - Once counsel gets power of attorney/authorization by his client to appear in a matter, he gets a right to represent his client in Court and conduct the case - In instant case, Government pleader was legally entitled to enter into a compromise with appellant and his written..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Consent decree - Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of O.23.R.3 CPC and such decree is perfectly valid...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Can be allowed only when there is a substantial question of law involved - However, it is settled law that High Court can interfere in second appeal when finding of First Appellate Court is not properly supported by evidence. (Para 11)
Cases referred:
AIR 1965 SC 1564..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High court cannot be precluded from reversing the order and judgment of lower appellate court if there is perversity in decision due to mis-appreciation of evidence - Even if both trial court and lower appellate court have given concurrent findings, there is no absolute ban on High..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Plea of limitation - Plea of limitation is a mixed question of fact and law - When issue of limitation requires an inquiry into facts it cannot be tried as a preliminary issue. (Para 18)
Cases referred:
2011(3) Civil Court Cases 295 (S.C.) : 2011(2) Apex Court..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A-- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Where an issue is already pending adjudication between same parties, in a Court having jurisdiction to adjudicate upon same, a subsequently instituted suit on same issue between same parties, cannot be allowed to proceed...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A, Patents Act, 1970, Section 64- - Counter-claim - Revocation petition - Infringement suit - Respondents in their capacity as `any person interested' had filed revocation petition before institution of an infringement suit - Held, they cannot be permitted to file `counter-claim' on same cause of action - While `revocation..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, 27, Constitution of India, 1950, Article 300-- Suit against State or Union of India - Relief when sought against State or Union of India then State or Union of India must be impleaded as a party - In case it is not so impleaded, suit is not maintainable for want of necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - No one ought to be vexed twice for the same cause - If different reliefs and claims arise out of same cause of action then plaintiff must place all his claims before Court in one suit and cannot omit one of the reliefs or claims except without leave of Court - O.2.R.2 bars..........

Showing : 531-540 of 2739 Results