Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 115 -- Maintenance pendente lite - Revision against order granting maintenance pendente lite is maintainable...........
Companies Act, 1956, Section 397, 398, 402, Companies (Court) Rules, 1959, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 58, 115 -- Petition alleging mismanagement of company by Director - Plea of fraud on part of Director has to be specifically pleaded and proved by petitioner - Admission made by petitioner in her pleading as regard..........
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 149 -- Motor Vehicles accident case - Award of compensation - Appeal filed against such award - Maintainability of Revision - Against Award of compensation under Motor Vehicles Act - Filed by insurer - Grounds taken in revision application not coming within ambit of S.140(2) of Motor Vehicles Act -..........
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 168 -- Award of compensation under Motor Vehicle Act - Revision against such order - Maintainability - Plea that deceased was minor at time of accident and that Tribunal erred in applying multiplier method - No jurisdictional error of tribunal in applying such method however, pointed out - Award..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Section 11 -- Res judicata and estoppel - Res judicata debars Courts from exercising its jurisdiction - Doctrine of estoppel can be invoked against party - Doctrine of res judicata creates Estopper by Accord...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Injunction order - Setting aside of - Does not fall within ambit of other proceedings' referred in S.115, C.P.C. - Revision against order passed in appeal is not maintainable - Revision - petition is also not maintainable as even interlocutory order had been made in favour of plaintiff it would not..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4, 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree U.O. 37 - Setting aside - Merely a printed line in summons that affidavit as required to be filed U.O.37.R.3(4) stands filed is not sufficient whereas in fact no such affidavit is filed - Since there is no compliance with mandatory provision of..........
Civil Procedure Code, 1908, Section 47, 115 -- Order u/s 47 - Appeal against - Appeal does not lie against order passed u/s 47 CPC - However, order passed in appeal taken to be an order passed u/s 115 CPC as revision is maintainable against an order passed u/s 47 CPC - Procedural hurdles not an impediment to refuse just remedy to the litigants...........
Civil Procedure Code, 1908, Section 115 -- Revision - Filing of - Empire as Arbitrator - Not Aggrieved person - Filing of Revision - Not Competent - Not maintainable - Therefore they cannot maintain revision as an `aggrieved person' under S.115 CPC...........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 17 -- Revision - Tenability - Order setting aside interim measures taken by arbitrator for protection of bank guarantee given by contractor - Revision against - During pendency of revision award passed - Life of interim measure taken by arbitrator, thus, comes to an end - Revision..........
