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ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- L.R's. - Impleading - An adjudication in the course of proceeding to substitute legal representatives does not make the legal representative heirs as such - The finding should be construed to have given only for the prosecution of the proceeding - It is not a decision on merits - It cannot operate as res judicata...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of legal heirs - Permission to lead further evidence - Rejection - Legality - After the additional written statement having been permitted to be filed, an attempt was made for raising additional issues - Trial Judge and this Court in appeal have entered a finding that it was not necessary to have additional..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 10A -- Substitution of heirs - Second appeal - Permissibility - During pendency of present appeal, when appellants came to know through counsel of respondents that respondent No.1 has died, steps have been taken and the substitution application has been filed - Held, Court is of the view that at the stage of second appeal also,..........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 22 -..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of appellant during pendency of appeal - L.R's impleaded - Death of one of the L.R's - His L.R's not impleaded in time - Appeal abates - Held, on death of one of the L.R's right to sue survives on his legal representatives and not on the other legal representatives of the original appellant, who are already on record..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Impleadment - Objection when raised whether any person is or is not a legal representative, it is duty of Court to determine the issue in terms of O.22.R.5 CPC - Prescribed procedure not followed - Impugned order allowing application set aside...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Impleading - It is necessary for Court to follow procedure prescribed in O.22.R.5 CPC for determining question as to legal representative of deceased - Order allowing application merely on basis of photocopy of Will without following prescribed procedure U.O.22.R.5 CPC - Liable be set aside...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 5, 4, 11 -- Appeal - Death of respondent - Substitution of LRs - Duty of Court - Held, provisions of Rules 4 and 5 of Order 22 are mandatory - When a respondent in an appeal dies, Court cannot simply say that it will hear all rival claimants to the estate of deceased respondent and proceed to dispose of appeal - Nor can it implead..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 468, Standards of Weights and Measures Act (Enforcement) Act, 1985, Section 22,45,56 -- Bar of limitation - Offence committed u/ss 22, 45 & 56 of Act of 1985 in the years 2004 to 2009 - Complaint against filed in 2011 - Limitation period prescribed is one year for such offence - Complaint quashed being barred by limitation...........

Showing : 681-690 of 1615 Results