Showing : 901-910 of 2826 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 2, Evidence Act, 1872, Section 3, 5-- Evidence contrary to pleadings - When what is pleaded is not proved, or what is stated in evidence is contrary to pleadings, the dictum that no amount of evidence, contrary to pleadings, howsoever cogent, can be relied on, will apply...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Deletion of O.18.R.17-A CPC does not mean that no evidence can be received at all, after a party closes his evidence...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Inherent powers - Can be exercised even at the stage when case is pending for judgment, if there is abuse of the process of the Court, or if interest of justice require the Court to do something or take note of something...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - A witness can be recalled by Court either on its own motion or on application filed by any of the parties to the suit - Power is discretionary and should be used sparingly - Purpose is to clarify doubts, if any, and not intended to be used to fill up omissions in evidence of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Re-opening of evidence or recall of any witness for further examination or cross examination - For purposes other than securing clarification required by Court, inherent power u/s 151 of the Code can be invoked, subject to its limitations - Inherent power of Court is not affected by the express..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34-- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission - Though the CP Act..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Section 34-- Consumer Forum - Interest - There is no provision for grant of interest in the Act - However interest can still be awarded taking recourse to S.34 CPC to do complete justice between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Held, appellate court must give reasons for its decision on each point independently to that of the trial court - Entire evidence must be considered and discussed in detail - Being the final court of fact, the first appellate court must not record mere general expression of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 29, Rule 1-- Suit by company through one of its Directors - Plaint instituted by Director only on the authority of Chief Executive Officer - Evidence not produced to prove that Director was appointed by a resolution of the company to file suit and authorised the Director to do so - No resolution was passed by..........

Showing : 901-910 of 2826 Results