Showing : 1-10 of 373 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 115-- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 115-- Revision - Maintainability - Stay of operation of order granted during pendency of restoration application - Petitioner has a remedy to file stay vacation application or to pursue restoration application for decision expeditiously - Revision against such an order is not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227-- Revision - Interlocutory/discretionary orders - Jurisdiction of High Court to interfere with interlocutory/discretionary orders of trial Courts in the process of adjudication of civil suits is excluded except where civil Court's order would otherwise have had effect of suit itself being disposed..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115-- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, 115-- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9-- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9-- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of..........

Showing : 1-10 of 373 Results