Civil Procedure Code, 1908, Order 39, Rule 1, 3A, Civil Procedure Code, 1908, Order 43, Rule 1(4) -..........
Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1(d) -- Ex parte decree - Application to set aside ex parte decree dismissed - Appeal against order dismissing application is maintainable - Petitioner can canvass the circumstances which transpired earlier to seek the indulgence of the Court for issuing appropriate..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1 -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 7, Rule 11 -..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43(1)(5) -- Grant of bail - Evidence on record and FSL report proves that a substantial portion of literature is in hand-writing of petitioner - Though some of the documents recovered show incitement even towards violence, however documents in hand-writing of petitioner do not..........
Civil Procedure Code, 1908, Section 96(2), 104, Order 43, Rule 1(d) -- Original decree passed ex parte - Appeal thereagainst - Held, appeal u/s.96(2) may lie from an original decree passed ex parte - This is because of the wording in S.104 and O.43 of CPC which deals with appeals from orders - Thereunder an appeal is provided as of right by S.104 to challenge an order of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Scope - Power of appellate Court - Even the relief not claimed by defendant has been given in impugned order - Proprietary of - Held, first appellate Court has gone beyond the relief claimed, holding that defendant can do interior work, which included the flooring, tiling,..........
Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Succession Act, 1925, Section 299, Civil Procedure Code, 1908, Section 96, 2(2), Order 43, Rule 1 -- Order in probate proceedings - Appeal theragainst - Maintainability - Held, order in probate application is not a decree - Question of application of S.96 of CPC does not arise - Hence first appeal is not maintainable - Misc. appeal agaisnt order would be maintaianlbe..........
