Showing : 1-10 of 54 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115-- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227-- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under Art.227 of Constitution - It has the status of decree and is to be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 115-- Revisional jurisdiction of High Court - After amendment of S.115 CPC, the remedy of revision against interlocutory orders are excluded - However, High Court can interfere with such orders in exercise of its supervisory jurisdiction under Article 227 of Constitution of India over Subordinate courts..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 115A, West Bengal Premises Tenancy Act, 1997, Section 17- - Eviction suit - Order for payment of arrears of rent - Revision - "Other proceeding" - Held, an application under the provisions of S.17 of the West Bengal Premises Tenancy Act cannot be said a proceeding which is independent and distinct in its existence from the suit itself - In fact, such an..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 115, Order 22, Rule 10A-- Revision - Non-substitution of other heirs - Recall of ex parte award - Other brothers of revisionist were not impleaded as party in the claim petition - Revisionist moved an application for recall of ex-parte award made against him - Application was rejected without considering the fact that all..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 36-- Execution petition - Order directing delivery of possession to decree holder - Revision against - Mode prescribed for delivery of possession in case was provided under O.21.R.36, CPC - Thus, if disputed order would have been in favour of judgment debtor, proceedings would not get terminated - If..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115-- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to remand..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115-- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 115-- Revision - Decided without notice to the other party - Adjudication adverse to the other party without notice to him is clear violation of natural justice - Order under appeal set aside - Matter remitted for fresh consideration...........
KERALA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17-- Constitution of India, 1950, Article 226 and 227 - Revisional jurisdiction - Amendment of plaint - Application for - Dismissal of application after recording reasons held to be an interim order - It will not dispose of the matter hence revision u/S.115 CPC not maintainable - Petition under..........

Showing : 1-10 of 54 Results