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Articles for Order Xli Rule, search results for bench

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
9 months, 2 weeks ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

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Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
1 year, 10 months ago

Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court

Live Law  

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …

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Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court
2 years, 3 months ago

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can …

High Court Appeal Courts Application Order Delay Cpc
Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court
3 years, 4 months ago

Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court

Live Law  

The Supreme Court observed that it can entertain new grounds raised for the first time in an appeal under Article 136 of the Constitution if it involves a question of law which does not require adducing additional evidence. The principle in Order XLI Rule 22 of the Code of Civil Procedure furthers the cause of justice by providing the party …

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Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court
3 years, 4 months ago

Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court

Live Law  

The Supreme Court observed that a party in whose favour a court has decreed the suit can challenge an adverse finding before the appellate court without a cross objection.It is not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection, the bench comprising Justices DY …

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