Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 19 -- General Rules (Civil), 1957, R.89-A - Appeal - Dismissed in default - Appeal cannot be dismissed on merits in absence of appellant - Nothing on record to demonstrate that appellant or his counsel was present at the time of transfer of appeal or at the time of receiving appeal or at the time of hearing of appeal -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.41 of NDPS Act - Bail - Accused cannot be granted bail for violation of S.41 of NDPS Act alone as rigors of S.37 of NDPS Act have to be still met...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
