Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Tenable only if appeal is validly tenable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objection - Even if original appeal is withdrawn or is dismissed in default and party had submitted that they were not interested to revive the appeal, cross-objections are to be decided on merits and in accordance with law...........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objection - There is no restriction on right to appeal of any of parties as per provisions in question - Any party aggrieved by any part of award would be entitled to prefer an award - Any respondent though he may not have..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Just compensation assessed by High Court cannot be declined on the ground of non filing of cross appeal by appellant as in Motor Accident Claims, Court should not take hyper technical approach - Just compensation, as assessed by High Court, granted with interest thereon...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff avoided to appeal before trial Courts on numerous dates of hearing for completion of cross-examination - Repeated opportunities were given by trial Court in this regard but plaintiff failed to avail the same - Evidence of plaintiff was closed by trial Court which was never challenged during trial - Second..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Section 96 -- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal filed by purchasers, same is not per..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Decree in favour of plaintiff and defendant nos. 3 to 9 - Appeal filed by defendant No.2 - No cross-objection or separate appeal filed by plaintiff and defendant nos. 3 to 9 - Appellate Court cannot grant larger relief in favour of plaintiffs, which were not granted by trial Court, particularly when no..........
