Search Results Page
Search Results
1 - 9 of 9 (0.30 seconds)The Amending Act, 1897
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Haji Rahim Bux And Sons And Ors. vs Firm Samiullah And Sons on 18 December, 1962
In yet another case of the Allahabad High Court reported in Haji Rahim Bux and Sons v. Firm Samiullah and Sons, AIR 1963 All 320 a Division Bench consisting of Chief Justice Desai and Mr. Justice S.D. Singh interpreted the words of O. 21, R. 90, by saying that the word 'entertain' meant not 'receive' or 'accept' but 'proceed to consider on merits' or 'adjudicate upon'.
Zila Parishad, Budaun And Ors. vs Brahma Rishi Sharma on 17 November, 1969
VI. If any such misc. appeal is filed, the same can be considered only on the evidence already on record before the trial court unless the additional evidence is received by the appellate court under Order 41 Rule 27 CPC as per the law by recording reasons. In other words, in such misc. appeal the appellant cannot rely on the evidence filed by him in the appellate court without the same having not been allowed by the misc. court under Order 41 Rule 27 CPC as per the law laid down by the Hon'ble Full Bench in the case of Zila Parishad, Budaun (supra).
Section 6 in The Court-fees Act, 1870 [Entire Act]
A. Venkatasubbiah Naidu vs S. Chellappan And Ors on 19 September, 2000
15. In the present case, admittedly, the appeal was filed without appearing before the trial court that too prior to the date fixed before the trial court, which was fixed for 28.2.2020. The misc. appeal was filed on 20.8.2020 and was decided on 27.8.2020. Therefore, the order passed in misc. appeal is totally without jurisdiction as in view of A. Venkatasubbiah Naidu (supra), the misc. appeal itself was not maintainable.
M/S Shiva Engineering Works vs Asst. G.M.,State Bank Of India on 22 November, 2011
28. A reference may be made to a judgment of Hon'ble Supreme Court in the case of M/s Lakshmiratan Engineering Works Ltd. vs. Asst. Commissioner (Judicial) I, Sales Tax, Kanpur Range, Kanpur and another AIR 1968 SC 448, paragraphs 7 to 10 whereof are quoted as under:-
Bhajan Kaur And Ors. vs Gurmej Singh And Ors. on 23 December, 1999
3. Present petition has been filed for setting aside the the order dated 27.8.2020 passed by District Judge, Pilibhit in Misc. Appeal No. 12 of 2020 (Ranjit Kaur and others vs. Gurmej Singh and others).
1