Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and not the combined value of..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Jurisdiction of appellate Court cannot be made dependent on fluctuating valuation of claim in appeal - Valuation of claim in appeal has relevance only for the purposes of Court fee - Valuation for the purposes of determining jurisdiction and for the purposes of Court fee are two distinct factors - They need not..........
Civil Procedure Code, 1908, Section 96 -- Money decree - Appeal - Decretal amount paid during pendency of appeal - After decretal amount was paid an opportunity was given to appellant as to whether it wanted to pursue appeal or not - Arrogance of officials not to take decision and attitude that `let the Courts decide and play safe' not a good policy - Appeal dismissed with..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Indian Penal Code, 1860, Section 96 -- Right of private defence - 16 stab wounds on the body of deceased and accused not having even a single injury - Plea of private defence was totally false...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Finding that Civil Court has no jurisdiction to entertain suit - It amounts to a decree - Remedy is of appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Maintainability - When a decree passed is said to be on the basis of a compromise or consent and if it is legally not such a decree, there cannot be any prohibition, either u/s 96(3) CPC or otherwise, in challenging the correctness of decree before an appellate forum...........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Culpable homicide is not murder if offender, in exercise in good faith of right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Available only when (1) offender had the right of private defence of person or property but he had exceeded such right by causing death; (2) that such right was exercised in good faith and without premeditation and without any..........
