Showing : 51-60 of 646 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - Finding of fact recorded by trial Court not reversed while allowing appeal - Judgment of Appellate Court is in violation of provisions of O.41.R.31 CPC which mandates that Appellate Court shall frame points of determination, its decision and thereon and reasons for the decision -..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19-- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- First appeal - Appeal against interim order passed during pendency of first appeal - It would be in interest of all parties to the appeal, that appeal itself be disposed of finally on merits and interference of interim orders not warranted - High Court requested to expeditiously dispose of appeal..........

Showing : 51-60 of 646 Results