Civil Procedure Code, 1908, Order 41, Rule 9 -- as inserted w.e.f. 1.7.2002 by Amendment Act 46 of 1999 - Memorandum of appeal - Has to be filed in the Court in which appeal maintainable as required under Order 41 Rule 1 - Merely because memorandum of appeal not filed under Order 41 Rule 9 - Will not make appeal filed in Appellate Court as defective - Appellant not..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Appeal filed without compliance with Order 41 Rule 9 - Exemption from endorsement from Court which passed the decree in view of urgency - Urgency as stay prayed for - Not sufficient cause to grant exemption...........
Civil Procedure Code, 1908, Order 19, Rule 2, 1 -- Court order that matter shall be decided on the basis of affidavits produced in evidence - Open to a party to move application before Court for attendance of deponent for purposes of cross - examination - Failure to exercise right conferred by Rule 2 to seek personal attendance of deponent for purpose of cross -..........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Court's direction to file written statement without deciding application under Order 7 Rule 11 - Order suffers from non - exercise of jurisdiction vested in Court as well as procedural irregularity - Liable to be set aside...........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate court - Normally appellate courts do not disturb the order of acquittal in a case where the two views of the evidence are reasonably possible - However, when the approach of the trial judge in dealing with the evidence is manifestly erroneous and the conclusion drawn are wholly..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appellate Court if interferes with judgment of trial Court in the event of suit having been decreed - Judgment of Appellate Court should precisely and specifically set out reliefs granted and modifications, if any, made in original decree explicitly and with particularity and precision - Order 41 Rule 31 casts obligation..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- (As amended) - Appeal is to be filed U.O.41.R.1 in the Court in which it is maintainable - All that Order 41 Rule 9 requires is that a copy of memorandum of appeal which has been filed in the appellate court should also be presented before the court against whose decree the appeal has been filed and endorsement thereof shall..........
