Civil Procedure Code, 1908, Order 41, Rule 31 -- Decree of trial Court - Appellate Court should not modify it by a cryptic order without taking note of all relevant aspects, otherwise such judgment and order would be liable to be set aside...........
Civil Procedure Code, 1908, Order 41, Rule 33, Punjab State Election Commission Act, 1994, Section 76,77,81,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of or ,R. 52 - Punjab Panchayat Election Rules 1994, R. 52, - Petitioner claimed declaration in his..........
Civil Procedure Code, 1908, Section 9, 41(a) - - Restraining the respondent from initiating or proceeding with any legal proceeding in the United States of America or in any forum other than this Court - Anti suit injunctions should not ordinarily be granted in view of S.41(a) and (b) of the Specific Relief Act 1963...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Held, without any order on additional evidence petition and in absence of recording any finding as to whether document sought to be adduced as additional evidence can be permitted or not, passing the judgment in suit itself, no doubt amounts to illegality...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced as additional evidence came in existence after passing impugned judgment by trial Court which is under challenge - Held, these documents are not necessary for just decision of appeal - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Reappreciation of evidence by appellate Court - Power of appellate Court is wide - It can reassess evidence and pass appropriate orders or decrees...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - While allowing additional evidence Court cannot set aside judgment and decree of lower Court - Order to that effect set aside - Case remanded to pass order after hearing both parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Permissibility of - Petitioners utterly failed to establish that in spite of exercise of due diligence, documents sought to be produced as additional evidence were not within their knowledge or they could not, after exercise of due diligence, produce them before Court - They also..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Application for - Adjudication of - Appellate Court separately heard the application filed U.O.41.R.27 CPC on merits and dismissed the same - Legality of - Held, usually the application filed U.O.41.R.27 CPC should be adjudicated along with appeal pending in Court - Since the..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Dismissal of counter claim - Counter claim treated as a suit for all purposes - Gives right to aggrieved party to file a separate appeal - Defendant filed cross objections by paying requisite Court fee - Held, in terms of O.41.R.22 CPC defendant can file cross appeal, though numbered as cross objections,..........
