Showing : 11-20 of 37 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227-- Interim injunction - Granted by trial Court - Order reversed by Ist Appellate Court - Revision against - Not maintainable - However, revision treated to be a petition under Article 227 of the Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As Amended - Amendment of S.115 - Impact on power of High Court under Articles 226 and 227 Constitution of India - Interlocutory orders passed by Courts subordinate to the High Court - Remedy of revision against such orders excluded by amendment in CPC - However, such orders are open to challenge..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115(1)-- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As amended - Revision - S.115 is a source of power for High Court to supervise subordinate Courts - Scope for making revision under S.115 is not linked with right of appeal...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- Essentially a source of power for High Court to supervise subordinate Courts - Does not in any way confer a right on a litigant aggrieved by any order of subordinate Court to approach High Court for relief - Scope for making a revision under Section 115 not linked with a substantive right -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5-- Additional issues - Revision against order refusing to frame additional issues - Framing of issues and additional issues is a matter or an essential step as the whole trial, recording of evidence and also recording of findings depends upon issues only and hence such order refusing to frame issues..........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- Revision against interlocutory order is maintainable only if order impugned finally disposes of the suit or other proceedings - Even an order suffering from jurisdictional error cannot be interfered with under S.115 CPC...........
KERALA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6-- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 92, 115, 104, Order 43, Rule 1-A-- Leave of Court - Refusal to grant leave is appealable but grant of leave not - Though grant of leave without affording an opportunity to the defendants and without recording cogent reasons will be hit by the vice of material irregularity u/s 115(1)(c) but the order does not fulfil the litmus test..........

Showing : 11-20 of 37 Results