Evidence Act, 1872, Section 115 -- Estoppel - Title of immovable property normally cannot be said to have vanished by invoking principle of estoppel...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4 -- Revision - Maintainability - Order passed U.O.37.R.4 CPC is not appealable - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Revision - Interlocutory/discretionary orders - Jurisdiction of High Court to interfere with interlocutory/discretionary orders of trial Courts in the process of adjudication of civil suits is excluded except where civil Court's order would otherwise have had effect of suit itself being..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise jurisdiction so vested or has acted in..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the findings and conclusions of trial..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........
