Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Court always trusts counsel who appear before it and passes an order recording submissions of counsel - Court is not expected to inquire whether counsel representing parties are really authorized in writing by their clients to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - When counsel makes statements before Court, before recording the same, Court will have to take an affidavit of counsel stating that they are really appearing for parties and that parties have instructed them to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Counsel who appeared for appellants were either not authorized to represent appellants or were not authorized to make a concession - Statement given by counsel recorded in the order recalled - Appeals restored - Appellants liable to pay costs quantified at..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Law as to: (i) A judgment is open to review inter alia if there is a mistake or an error apparent on face of record; (ii) A judgment pronounced by Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so; (iii) An error..........
Limitation Act, 1963, Article 136 -- Decree - Execution - Appeal filed against judgment and decree - There was no stay during pendency of appeal - Appeal dismissed in default - Lower Court decree continues to be enforceable - Limitation for filing execution of decree is 12 years - Time from which period begins to run is when decree or order becomes enforceable - Execution..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 43 years in filing appeal - Delay of 43 years is ex facie unpardonable in view of explanation given as lack of education - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 225 days in filing second appeal - Appellant had sufficiently explained the reasons leading to a delay of 225 days in preferring second appeal - Once appellant became aware about dismissal of her first appeal, she exhibited haste and preferred second appeal - Delay..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Contention which was not raised in a petition u/s 34 of the Act, nor raised in appeal u/s 37 of the Act, cannot be raised first time in an appeal before Supreme Court...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Scope of appeal u/s 37 of the Act is limited...........
