Showing : 21-30 of 843 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence in revision - Though there is no specific provision conferring power on Revisional Court to admit additional evidence, but as there is no prohibition on Revisional Court to admit additional evidence, therefore in exercise of its inherent powers Court can admit additional..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5-- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same has..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25-- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of receiver using the property since the death of receiver - It is thus, just and convenient to appoint son of receiver as receiver - Direction issued...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Discretion to allow or to reject additional evidence could be judicially exercised only at the stage of finally considering the appeal - It is not to be considered prior to appreciation of evidence on record...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96, 2(2), Order 41-- Appeal - Is maintainable against order refusing to pass final decree as, such order will fall within the definition of decree in S.2(2) CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of Appellate Court - Order of Appellate Court shall be in writing and shall state the point of determination, decision thereon, reasons for such decision and relief to which appellant is entitled to in case decree appealed from is varied or reversed...........
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 -..........
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...........

Showing : 21-30 of 843 Results