Civil Procedure Code, 1908, Order 41, Rule 33 -- Neither any cross appeal nor cross-objections filed - Application U.O.41.R.33 CPC held rightly rejected since said provision cannot be invoked by a party in each and every case...........
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, Order 33, Rule 14, Tamil Nadu Revenue Recovery Act, 1864, Section 52 -- Recovery of amount of Court-fees - Petitioner directed to pay arrears of Court fee with default clause entailing action under the Act of 1864 to recover the amount - Held, defaulted Court fee can be recovered treating same as land revenue by making resort to provisions of..........
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 33, Rule 1 -- Application to sue as indigent person - Death of applicant - Held, right to sue as an indigent person is a personal right available to person who applied for permission to sue - Legal representatives of deceased applicant cannot take advantage of indigence of deceased and claim to sue as indigent person in place of deceased,..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Accident - Compensation - Appeal, seeking for a right of recovery against the transferee from the insured since he had failed to inform the insurer in the manner prescribed - Insurance Company aggrieved by the fact that the right must have been granted in enforcement in the very same proceedings and it could not have been..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - These provisions confer wide powers on appellate court to do justice between the parties - Power to be exercised subject to three limitations : (a) Firstly these powers cannot be exercised to the prejudice of a person who is not a party before a court; (b) Secondly this power cannot be exercised in favour of a claim..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Civil Procedure Code, 1908, Order 33, Rule 2 -- Permission to sue as an indigent person - Applicant suppressing balance in saving bank account - Held, it amounts to suppression of facts and does not satisfy the requirements of O.33.R.2 CPC - Permission to sue as an indigent person declined...........
Civil Procedure Code, 1908, Order 33, Rule 5, Limitation Act, 1963, Section 13 -- Suit for damages - Application to sue as forma pauperis - Period of limitation - Application to sue as forma pauperis filed alongwith suit - Rejection thereof for want of requisite schedule - Plaintiff preferred an appeal before District Judge which was returned with direction to present the..........
