Civil Procedure Code, 1908, Order 41, Rule 24 -- Power of appellate Court - Appellate Court can very well decide an issue which was not decided by trial Court or Tribunal so as to finally determine the suit or petition. ( Para 16)..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Specific Relief Act, 1963, Section 41(a), (b) -- Injunction - No injunction can be granted to the execution of a decree...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - It is mandatory on part of I.O to record reasons for making an arrest as well as for not making an arrest in respect of a cognizable offence for which maximum sentence is upto seven years...........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Where arrest is not required to be made u/s 41(1) Cr.P.C, police is bound to issue a notice of appearance to accused - Even in such a case failure to comply with notice of appearance or unwillingness to identify himself may be grounds for police to arrest a person to whom a notice u/s 41-A Cr.P.C has been issued...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of judgment and order of judicial Courts having material bearing on issues involved in the appeal - No additional evidence is required to be recorded to prove additional documents, as same are certified copies of judgments passed by Judicial Courts - Application..........
