Civil Procedure Code, 1908, Section 99, Order 41, Rule 23, 23-A -- Remand - Court while considering submission of remand has to consider the provisions of O.41.R.23, 23-A and S.99 conjointly...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Appeal - First Appellate Court deciding all issues in favour of plaintiff - First Appellate Court has no reason to remand case on issue of maintainability of suit which could have been decided by Appellate Court itself - Suit decreed...........
Transfer of Property Act, 1882, Section 41, 52 -- Bonafide purchaser - During pendency of a suit or a proceeding - Principle of estoppel does not govern the doctrine of lis pendens - Principle of estoppel must yield to the doctrine of lis pendens under which no title in property could be validly transferred during the pendency of the litigation...........
Evidence Act, 1872, Section 41 -- Words and phrases - Judgment in rem - Judgment in personam - Phrases explained...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 25 -- Additional issues - Refusing or allowing - No right or obligation of the parties in controversy is adjudicated - Not a case decided between the parties - Does not come within the ambit of expression `case which has been decided' - Revision against - Not..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 25 -- Additional issues - Order refusing to frame passed in an appeal - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appellate Court - Power U.O.41.R.33 is discretionary in nature - No rigid rule in this behalf can be laid down and it would depend upon fact of each case - Non filing of cross objections do not deter the Appellate Court from considering merits in respect of such a finding - Cross appeal or cross objection is a procedural..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Occasion for admitting additional evidence arise only during the course of hearing of the appeal or examination of the evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties not entitled to lead additional evidence at the appellate stage - However Court can grant permission to produce additional evidence if the party establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the..........
Evidence Act, 1872, Section 40, 41, 43 -- Judgment of civil court - Relevancy of in criminal case - Held, even if criminal case and civil case are founded on same cause of action, judgment of civil court would only be relevant if conditions laid down in S.40 and 43 of the Evidence Act are satisfied - But it cannot be said that judgment of civil court would be conclusive as..........
