Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 104 -- Child Welfare Committee (CWC) - CWC has power to review or revise its own order where circumstances prompt for such an action or where any new development takes place, compelling it to take a different view - Such powers have been vested in CWC notwithstanding the powers of appellate Court or..........
Court Fees Act, 1870, Section 6A, Civil Procedure Code, 1908, Section 104 -- Court fee - Suit held to be appropriately valued - Appeal u/s 6-A of Court Fees Act is not maintainable as appeal thereunder lies only when a party to the proceedings is called upon by Court to make good deficiency in Court fee as such provision of S.6-A of Court Fee Act is not available to the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Third party objections - Evidence required to decide the same - Executing Court thus, justified in holding objections at the instance of third party to be maintainable at this stage not in the sense that a decree cannot be executed against them but in the sense..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(k), 104 -- Rejection of application U.O.22.R.3 CPC - Appeal - Maintainability - Application for substitution was dismissed U.O.22.R.3 CPC - There is no specific prayer for setting aside abatement either in the substitution application or even by means of a separate application - As..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit - Since, plaint can be amended to introduce cause of action that arose during the..........
Constitution of Jammu and Kashmir, 1957, Section 104, Jammu and Kashmir Civil Procedure Code, 1977 , Order 6, Rule 17 -- Amendment of pleadings - After issues have been framed - Suit for declaration and permanent injunction - Court allowing amendment to incorporate claim regarding dispossession from suit property during pendency of suit, would not change nature of suit -..........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Constitution of Jammu and Kashmir, Section 104 -- Stay of legal proceedings - Suit relating to immovable property - There is no escape from conclusion that any suit filed against migrant in relation to either recovery of loan raised in Kashmir Division or immovable property situated in Kashmir Division..........
Civil Procedure Code, 1908, Section 104(h) -- Appeal - Order of arrest and detention - Appeal u/s 104(h) CPC not maintainable, if order of arrest and detention is passed in execution proceedings...........
