Showing : 81-90 of 194 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 47, Rule 5-- Review - By the same Judge/Judges, Bench - If the Judges who made the order in regard to which review is sought continue to be the Judges of the court, they should hear the application for review and not any other Judges unless precluded by death, retirement or absence from the Court for a period..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1-- Review - Grounds - Held, apart from an error apparent on the face of record, on discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review, an order can be reviewed also "for any other sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Section , Order 47, Rule 1, Constitution of India, 1950, Article 136-- Review petition - Order passed by High Court in second appeal - SLP against said order, dismissed as withdrawn by Supreme Court, on request of counsel, without permission or reservation or liberty for taking further action - Held, dismissal of SLP will not debar parties from moving High Court to..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 114, Order 47, Rule 5, Calcutta High Court (Extension of Jurisdiction) Act, 1953, Section 3,4-- Calcutta High Court (Appellate Side) Rules Chapter 10, 18 -- Review - Court consisting of two or more judges - Power of Chief Justice - Held, necessity of complying with the requirement of R.5 of O.47 of the Code has not been dispensed with - On the other hand, R. 6 of Chapter X specifically..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 47, Rule 1, 4-- Review - Appeal against dismissal of review petition - Not maintainable - Appeal against review is maintainable only when review is granted...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1-- Rejection of plaint - Deficient court fee - Review - When order of rejection of the plaint was passed, counsel for plaintiffs failed to point out that plaintiffs had already deposited a substantial amount of Rs.1,74,800/- within permissible time limit which was considered by them as deficient..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2011
Details
Jammu and Kashmir Criminal Procedure Code, 1989, Section 114, Order 47, Rule 3-- Civil court - Power to review & recall - Held, in absence of statutory provision, a civil court and other authority has no power to review its own judgments/orders - Court/authority, however, has inherent power to recall its judgment/order, if it is shown that same has been obtained by practicing..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review application - Decree of dissolution of marriage between parties has been passed on the ground of proved mental cruelty and desertion - Review application field by wife on the ground that even after passing of decree of divorce parties lived together for two days at "D" and, therefore,..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 47, Rule 1, Specific Relief Act, 1963, Section 20-- Review - Decree of specific performance for non filing of written statement - Review sought on the ground that in absence of agreement to sell no decree for specific performance can be passed - Held, no evidence was led and thus agreement to sell was not exhibited - However, the salient terms of..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Power of review is not an inherent power in as much as review is the creation of statute - The scope of review is only for correction of mistake and not to substitute the views taken by the Court and the mistake must be one, which is apparent on the face of the record...........

Showing : 81-90 of 194 Results