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Showing : 71-80 of 1215 Results

UTTARAKHAND HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Remand of a case either to fill lacuna in evidence or in the case set up or failure to adduce evidence cannot be a ground of remand, when dispute was within knowledge of parties and proceeded or defended suit with that knowledge - But, when there is denial of sufficient opportunity to adduce evidence resulting..........

JHARKHAND HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Latches, inadvertence, negligence cannot be grounds to allow an unsuccessful party before trial Court to lead evidence at appellate stage...........

JHARKHAND HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by plaintiff were already on record but could not be exhibited due to inadvertence and by oversight - Plaintiff cannot claim that those documents were not within her knowledge - Rather, it appears that same could not be filed due to latches on her part..........

BOMBAY HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand...........

BOMBAY HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........

KERALA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........

Showing : 71-80 of 1215 Results