Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Rejection of application - It is appeal and not writ petition which is maintainable thereagainst...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91 -- Appeal - Maintainability - If application is filed before Executing Court U.O.21.Rr.89, 90, 91 CPC and such application is disallowed, then appeal will lie U.O.43.R.1(j) CPC...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Remand order - Second appeal not maintainable against remand order in view of O.43.R.1(u) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........
