Section 115 - Judgment Search Results

Shivchandrai Jhunjhunwala, Charitable Trust and ors. Vs. Govindprasad ...

Court: Mumbai

Reported in: 2003(3)ALLMR1065; 2004(2)BomCR441

..... the decision of the civil court against which remedy of revision under section 115 was available before amendment of section 115 of the code it is contended that in the said judgment the ..... and by article 227 thereof that supervisory jurisdiction apart from and in addition to section 115 of civil procedure code was created from 1950 onwards therefore two jurisdictions were existing in the .....

National Insurance Co. Ltd. and Etc. Vs. Shrikanl Vinod Tiwari and ors ...

Court: Madhya Pradesh

Reported in: 2007ACJ2809; 2007(3)MPHT103; AIR2007MP98(SB)

..... interfere with the finding of fact is not available while exercising jurisdiction under section 115 of cpc scope of section 115 was considered by the apex court in the case of salem advocate ..... under articles 226 227 stands barred in view of alternative efficacious remedy under section 115 of c p c section 115 revision against award of motor vehicles tribunal scope of interference held for examining .....

Bharatkumar S/O Shrimannarayan Agrawal, Vs. Anita Trust, Through Ku. P ...

Court: Mumbai

Reported in: 2003(1)BomCR230; 2002(4)MhLj597

..... two jurisdictions were existingin the high court one statutory jurisdiction conferredon it by section 115 of the c p code and anotherconstitutional jurisdiction conferred on it by article227 ..... civilprocedure code can be converted into a writ petition after operation of the amended section 115 revisionapplication must end proceedings must terminate as thepetition is not maintainable to entertain .....

Durairaj. Vs. Venugopal

Court: Chennai

..... jurisdiction in such a case is taken away by the proviso inserted under sub section 1 of section 115 cpc the amendment is based on the malimath committee s recommendations the committee was ..... it was invoked appropriately and appositely 12 i would like to refer to sub section 2 of section 115 of cpc which would unambiguously and unequivocally highlight and spotlight the fact that if .....

Chunnilal and ors. Vs. Shanta Devi and ors.

Court: Rajasthan

Reported in: 2007(2)WLN606

..... proviso a or under proviso b of sub section 1 of section 115 cpc together with non obstante sub section 2 of the said section are objectively satisfied section 115 the high court may call for the ..... should also not be lost sight of that amongst others the explanation to section 115 unambiguously lays down that in section 115 expression any case which has been decided includes any order made in .....

Chunni Lal Vs. Smt. Shanti Devi and anr.

Court: Rajasthan

Reported in: 1999(3)WLC307; 1999(1)WLN328

..... humble opinion if off and on the scope of amended section 115 is widened ignoring the mandatory provisions of sub section 2 of section 115 order 13 rule 3 and also mandatory provisions of clause ..... civil suit which is appealable no revision is maintainable within the meaning of sub section 2 of section 115 cpc once documentary evidence is received in evidence under order 13 rule 2 cpc .....

Manak Chand and ors. Vs. Rameshwar and ors.

Court: Rajasthan

Reported in: RLW2004(2)Raj791

..... hon ble supreme court held that where the conditions necessary for the applicability of this section section 115 of the code are not satisfied the high court cannot interfere these conditions need not ..... hon ble supreme court held that where the conditions necessary for the applicability of this section section 115 of the code are not satisfied the high court cannot interfere in order to maintain .....

Chunnilal Vs. Shanta Devi and ors.

Court: Rajasthan

Reported in: AIR2001Raj76; 2001(1)WLC487

..... revisions are before us 5 the order of reference notices that because of sub section 2 of section 115 cpc introduced by the civil procedure amendment act 1976 since the order rejecting the ..... should also not be lost sight of that amongst others the explanation to section 115 unambiguously lays down that in section 115 expression any case which has been decided includes any order made in .....

A.J. Patel and ors. Vs. the State of Gujarat and ors.

Court: Gujarat

Reported in: AIR1965Guj234a

..... act 1960 as it has made in section 115 of the present act sub section 4 of section 81 used identical language as sub section 5 of section 115 sub section provides that the central government ma by ..... the second part of section 115 consisting sub section 5 i might first refer to the third part of section 115 consisting of sub section 7 sub section 7 enacted that nothing in section 115 shall be deemed .....

J.M.A. Raju Vs. Krishnamurthy Bhatt

Court: Gujarat

Reported in: AIR1976Guj72; (1976)GLR210

..... irregularity as observed by the privy council in balakrishna udayar v vasudeva aiyar the section section 115 of the code of civil procedure applies to urisdiction alone the irregular exercise or ..... illegal it would be remedied in appeal but apart from the considerations contemplated in section 115 of the civil procedure code when the fate of the suit virtually depends upon the determination .....