Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal from original decrees - Substantial compliance with provision of O.41.R.31 CPC - First Appellate Court should consider the controversy between the parties and properly appraise the respective cases of parties, weigh the balance of the evidence, facts and other consideration appearing on both sides - When Appellate..........
Hindu Marriage Act, 1955, Section 13, 23 -- Res judicata - Earlier judgment passed between parties upon wrong interpretation or incorrect interpretation - Interpretation of S.23 of the Act changed by Supreme Court subsequently - Held, earlier adjudication between parties does not amount to res judicata in subsequent petition...........
Contempt of Courts Act, 1971, Section 12, 11 -- Contempt - While dealing with an application for contempt, the court is really concerned with the question whether the earlier decision which has received its finality had been complied with or not - It would not be permissible for a court to examine the correctness of the earlier decision which had not been assailed and to..........
Civil Procedure Code, 1908, Section 100(4) -- Second appeal - Decided without formulating substantial question of law - Judgment of High Court to be set aside only when some prejudice is caused to the other party by not formulating such a substantial question of law...........
Civil Procedure Code, 1908, Section 152 -- Partition decree - Amendment - Fault occurred because of the mistake committed by the office - To meet the ends of justice, the Court which passed the said judgment can definitely amend the decree - No doubt, when once the judgment is pronounced, the Court becomes functuous officio but it does not mean that the Court cannot pass..........
Evidence Act, 1872, Section 101 -- Burden of proof - Whoever desires any Court to give judgment, dependent on the existence of facts which he asserts, must prove that those facts exists...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - A defendant is not debarred from dealing with his property merely because a suit is filed or about to be filed against him...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Shifting of business from one premises to another premises or removal of machinery to another premises by itself is not a ground for granting attachment before judgment...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff to show that (i) prima facie his claim is bonafide; (ii) Defendant is about to remove or dispose of the whole or part of his property, with the intention of obstructing or delaying the execution of any decree that may be passed against him, before power is exercised U.O.38.R.5 CPC -..........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Decree for possession - Limitation - 12 years - Period starts to run the moment judgment is delivered and not when decree is drawn...........
