Civil Procedure Code, 1908, Order 41, Rule 25, 27 -- Additional evidence at appellate stage - Application filed U.O.41.Rr.25, 27 CPC is required to be decided along with main appeal and appropriate orders be passed on the said application, after hearing both the parties...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 7(1) -- Limitation - Applicability - Applicability of Limitation Act is subject to provisions of the WBPT Act, meaning thereby, if the time limit has been prescribed to do some act it cannot be extended by aid of proviso of sub-section (2) of Section 7 - Thus, the compliance as required to be..........
Civil Procedure Code, 1908, Section 96, 115 -- Appeal/revision - Limitation - Period of limitation prescribed for preferring appeal or revision as the case may be starts running from the date when such judgment become effective as soon as they are dated and signed by judge and not from the time of actual delivery of judgment...........
Adverse possession -- Unless plea of adverse possession has been specifically raised in pleadings, put in issue and then cogent and convincing evidence is led on a multitude of points and an opportunity to refute the case is made out by plaintiff and availed of by defendant, plea of adverse possession cannot be allowed to be flung as a surprise, on an unsuspecting..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea not properly raised in pleadings or in issues at the stage of trial would not be permitted to be raised for first time at the stage of First Appeal u/s 96 CPC...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Concurrent findings of facts against defendants of being a licensee on the basis of pleadings and on the basis of evidence adduced before it - Second appeal does not involve any substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - An appeal against compromise decree is not maintainable - In such eventuality, only mode available to a party to assail compromise is to invoke O.23.R.3 CPC, whereby lawfulness of compromise may be examined by Presiding Judge upon a recall application and issue whereafter shall be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
