Showing : 1-10 of 48 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..........
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...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 115(1)-- Proviso - Where revision petition u/s 115 CPC is not tenable, remedy of moving a writ petition under Article 227 of the Constitution continues to be available...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 173-- Claim petition under Motor Vehicles Act - Revision is not maintainable against order of MACT as MACT is not a Court for the purpose of S.115 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227-- Application declining to appoint Arbitrator - Revision against - Not maintainable - However, revision treated to be one under Art. 227 Constitution of India as trial Court had not dealt the various pleas raised by the petitioner and the provisions of the Act also not taken into consideration by..........

Showing : 1-10 of 48 Results