Showing : 351-360 of 648 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Water (Prevention and Control of Pollution) Act, 1974, Section 44, 47-- Polluted water - Discharge of - Failure of Board to prove as to whether effluent discharge is sewerage effluent or trade effluent - Board having its own laboratory but sample of polluted water not taken for testing - Acquittal upheld...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, Order 3, Rule 1, 2-- Co-owner - Claiming his share in residential property, exempt from sale - Ownership of property - By an order burden to prove ownership shifted upon the owner - Ownership cannot be proved by power of attorney holder - Owner not entering in witness box - Held, owner has failed to establish that on..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1-- Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review order - A decree on review if amended can be assailed..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1-(As amended) - Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review order - A decree on review if amended..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Person claiming under the defendant or J.D. - Can challenge the decree or order by way of an appeal but cannot challenge the decree as being void or unenforceable in execution...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, 2(2), Order 21, Rule 32-- Execution - Objections - Determination of - Does not amount to decree - No appeal lies from such an order - Order of District Judge entertaining such appeal and holding that decree is not executable reversed - Executing Court to proceed with execution...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Evidence Act, 1872, Section 45, 47, Indian Penal Code, 1860, Section 302-- Medical evidence - - Medical evidence and oral evidence - Contradiction - Appreciation - It is trite law that when oral evidence is credible and cogent, medical evidence is contrary, is inconsequential - Only when the medical evidence totally improbabilises the oral evidence, adverse inference can..........
ORISSA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Order passed u/s 47 CPC - Order is not appealable...........
ORISSA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, 115-- Order u/s 47 - Appeal against - Appeal does not lie against order passed u/s 47 CPC - However, order passed in appeal taken to be an order passed u/s 115 CPC as revision is maintainable against an order passed u/s 47 CPC - Procedural hurdles not an impediment to refuse just remedy to the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law - Where a Court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est..........

Showing : 351-360 of 648 Results