Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is not permissible on the ground that decision was erroneous on merits as the same would be the province of an Appellate Court...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC it is not permissible for an erroneous decision to be "reheard and corrected" - A review petition has a limited purpose and cannot be allowed to be "an appeal in disguise."..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is permissible only when there is error apparent on the face of record i.e. error should be grave and palpable, and error must be such as would be apparent on mere looking of record, without requiring any long drawn process of reasoning and reappraisal of entire evidence for finding the error, as..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When two or more suits have been disposed of by a common judgment, but by separate decrees and where the decree in one suit has been challenged in appeal without challenging the decrees in the other suits, the principle of res judicata would be applicable...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation - Merely because State or Municipal Council is party to the suit, it cannot be presumed that Revenue authorities would act mala fidely - Trial Court committed material illegality by rejecting application - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by pendente lite transferee - Pendente lite transferee who is purported to be a stranger to decree has every right to defend his right, title, interest and possession in decretal property as per O.21.R.99 CPC...........
