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Search Results Judgments > Phrase:CODE OF CIVIL PROCEDURE 1908 Section 115 Page:9

Apr 10 1987

M.M. Yaragatti Vs. Vasant and Ors.

  • Decided on : 10-Apr-1987

Court : Karnataka

Reported in : AIR1987Kant186; ILR1987KAR1286; 1987(2)KarLJ9

... that a revision under Section 115 of the Code of Civil Procedure does not lie, the case should be remitted to the High Court for consideration as a petition under Article 227 of the Constitution. We are unable to accede. A petition under Article 227 of the Constitution is different from revision under Section 115 of the Code of Civil Procedure. The two procedures are not interchangeable ... Court was that Sec. 18(5) read with Sec. 20 of the Kerala Act had completely ousted the High Court's jurisdiction to interfere with this matter under Sec. 115 CPC. While dealing with the aforesaid point, Sabyasachi Mukharji, J. speaking for the Court, has observed thus:-'16. In Kydd v. Watch Committee of City of Liverpool, (1908) AC 327 ... for consideration, viz.,-'(1) Whether the High Court possesses revisional jurisdiction under Sec. 115 Code of Civil Procedure in respect of an order of the District Court under Sec. 115 disposing of a revision petition?(2) Whether the High Court possesses revisional jurisdiction under section 115 against an order of the District Court under section 25, Provincial Small Cause Courts Act disposing of a revision petition ... S. 115 of the Code of Civil Procedure. The thrust of the argument on behalf of the petitioner was that by taking away the revisional jurisdiction in the cases in which power of revision is exercised by the District Court under the amending Act, a law has been made by the State Legislature which is repugnant to Sec. 115 of the Code of Civil Procedure ...

Jan 31 1985

Life Insurance Corporation of India Vs. Pushpa Mehra

  • Decided on : 31-Jan-1985

Court : Punjab and Haryana

Reported in : [1987]62CompCas343(P& H)

... Section 44 of the Punjab Courts Act is word for word the same as Section 115 of the Code of Civil Procedure and that a Full Bench of the Allahabad High Court held in Budhu Lal v. Mewa Ram [1921] 43 All 564 ; AIR 1921 All 1 [FB] that no revision lay when no case had been decided by the court below within the meaning of Section 115, Civil Procedure Code ... Section 115, Civil Procedure Code, to set it aside. Inview of the law laid down in these cases, the preliminary objection raised by Mr. Goyal must prevail and this revision petition must be dismissed. The remedy of a party if a commission is not issued as desired by it is not by way of revision under Section 115, Civil Procedure Code ... order refusing to issue a commission cannot be said to be 'deciding a case' within the meaning of Section 115 of the Code of Civil Procedure (for short 'the Code'). I am of the opinion that the said argument has force. Interlocutory orders should not be interfered with in ... of the Code of Civil Procedure in declining to grant the plaintiff's application. In a case of this type, even if it could be held that the decision of the trial court is not a case decided 'within the meaning of Section 115 of the Code, I would ... jurisdiction either illegally or with material irregularity. That being so, the High Court could not have invoked its jurisdiction under Section 115 of the Civil Procedure Code.'24. Hence, without deciding the question whether in all such cases a revision petition is maintainable or not, it is ...

Sep 26 1984

Abdul Gaffar Gujree Vs. Mohammad Phaphoo and Ors.

  • Decided on : 26-Sep-1984

Court : Jammu and Kashmir

Reported in : AIR1985J& K26

... Section 115 of the Code of Civil Procedure and as such the revision is not maintainable. He has also submitted that the Code of Civil Procedure, to a limited extent has been made applicable to the proceedings before the Claims Tribunal and application of Code of Civil Procedure has been excluded in the proceedings before it which would indicate that it has no attributes of a civil Court. Application of Code of Civil Procedure ... civil Court for purposes of Section 115 of the Code of Civil Procedure and as such the revision is not maintainable. He has also submitted that the Code of Civil Procedure, to a limited extent has been made applicable to the proceedings before the Claims Tribunal and application of Code of Civil Procedure has been excluded in the proceedings before it which would indicate that it has no attributes of a civil ... civil nature, but that does not per se, make it a civil Court. He has referred to the provisions whereunder a Claims Tribunal is constituted and submitted that by its very constitution it cannot be termed as a civil Court for purposes of Section 115 of the Code of Civil Procedure and as such the revision is not maintainable. He has also submitted that the Code of Civil Procedure ... for limited purpose Code of Civil Procedure as made applicable to it. It therefore, follows that the Claims Tribunal is neither treated as a civil Court by the Act which created it nor is it a civil Court for purposes of Section 115 of the Code of Civil Procedure.24. The other ...

Mar 15 2011

Darbari Lal And Ors. Vs. Madan Lal And Ors.

  • Decided on : 15-Mar-2011

Court : Jammu and Kashmir

... Section 115 of the Code of Civil Procedure. I will first deal with the preliminary objection raised by the respondents learned counsel, as to the maintainability of the Revision Petition in view of the provisions of Section 115 of the Code of Civil Procedure.10. To determine the issue, regard needs to be had to the provisions of Section 115 of the Code, which, for facility of reference is reproduced hereunder.115 ... Code of Civil Procedure, the present was a fit case, where the power of superintendence was required to be exercised by the High Court, in the interests of justice, to set right the wrong committed by the Courts below.9. I have considered the submissions of learned counsel for the parties, perused the records and the provisions of Section 115 of the Code of Civil Procedure ... of the proviso. Section 115(2) of the Code of Civil Procedure contemplates yet another bar for exercise of the power of revision by the High Court in respect of those orders and decrees against which an Appeal lies either to the High Court or to the Court Subordinate thereto.12. Perusal of the provisions of Section 115 as a whole, ... High Court under Section 115 of the Code of Civil Procedure. I am supported in taking this view by Mahadeo Savlaram Shelke and others vs. Pune Municipal Corporation and another reported as (1995) 3 Supreme Court Cases 33, where their lordships held as follows:- 3. Shri Rajinder Sacher, learned Senior Counsel for the appellants contended that under Section 115 CPC, High ...

Jan 08 2013

1. C.Rajakumari Vs. 1. City Union Bank Ltd.,

  • Decided on : 08-Jan-2013

Court : Chennai

... Section 115 of CPC. The mischief sought to be suppressed by the amendment of Section 115 of the Code of Civil Procedure is axiomatic and obvious and if the view of the counsel for the respondent/plaintiff is accepted, it would amount to opening the flood gate throwing to winds the spirit and essence of Section 115 of the Code of Civil Procedure ... Section 115 of the Code of Civil Procedure is axiomatic and obvious and if the view of the counsel for the respondent/plaintiff is accepted, it would amount to opening the flood gate throwing to winds the spirit and essence of Section 115 of the Code of Civil Procedure.14. The learned counsel for the respondent/plaintiff also inviting the attention of this Court to the proviso appended to sub Section ... Code of Civil Procedure is axiomatic and obvious and if the view of the counsel for the respondent/plaintiff is accepted, it would amount to opening the flood gate throwing to winds the spirit and essence of Section 115 of the Code of Civil Procedure.14. The learned counsel for the respondent/plaintiff also inviting the attention of this Court to the proviso appended to sub Section (1) of Section 115 ... support of his proposition that only a revision under Section 115 of the Code of Civil Procedure would lie.15. Needless to point out, that before 1976 amendment of CPC the position was different and the objects and reasons relating to amendment of Section 115 of the Code of Civil Procedure is worthy of being reproduced here under: [Report of ...

Sep 28 1962

Thycattuseri Church Vs. Sicillyamma and Anr.

  • Decided on : 28-Sep-1962

Court : Kerala

Reported in : AIR1963Ker137

... taken by. the proceedings in revision can be excluded under Section 14 of the Indian Limitation Act.23. Article 11A of the Limitation Act is in these terms:Description of suitPeriod of limitationTime from which period beginsto run.By aperson against whom an order has been made under the Code of Civil Procedure, 1908 upon an application by the holder of a decree for ... judgment. While Article 7 of the Cochin Limitation Regulation speaks of 'an order passed under Section 328, C. P. C.', 'Article 11A says 'an order has been made under the Code of Civil Procedure.' The order made under the Code of Civil Procedure must include an order passed under Section 115 of the Code. Emphasis has been placed on the wording in column 1 of Article 7 of the ... under the Code of Civil Procedure.' The order made under the Code of Civil Procedure must include an order passed under Section 115 of the Code. Emphasis has been placed on the wording in column 1 of Article 7 of the Cochin Limitation Regulation in 21 Cochin 436, and this is clear from the following passage;'The order referred to in column 3 is the one passed under Section ... nor on the grounds of the decision. The High Court under Section 115 of the Code of Civil Procedure Mas been conferred a jurisdiction, limited though it is. This jurisdiction enables, and in fact imposes an obligation on the High Court to determine in each case whether all or any of the conditions mentioned in Section 115 exist. These are preliminary facts that have to be ...

Jan 23 1991

Durgam Mangamma Vs. P. Mohan and Anr.

  • Decided on : 23-Jan-1991

Court : Andhra Pradesh

Reported in : 1991(1)ALT269

... Section 115 of the Code of Civil Procedure it is not enough that the interim order complained against is jurisdictionally or legally wrong or procedurally wrong. But in addition the said order should occasion failure of justice enabling invoking of Section 115 of the Code of Civil Procedure.6. To the same effect is the decision reported in The matter of B.H.P. & V. Ltd , Visakhapatnam.7. Section 115 of the Code of Civil Procedure ... Civil Procedure it is not enough that the interim order complained against is jurisdictionally or legally wrong or procedurally wrong. But in addition the said order should occasion failure of justice enabling invoking of Section 115 of the Code of Civil Procedure.6. To the same effect is the decision reported in The matter of B.H.P. & V. Ltd , Visakhapatnam.7. Section 115 of the Code of Civil Procedure reads as follows :115 ... section, the expression 'any case which has been decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.'8. The proviso appended to Section 115 of the Code of Civil Procedure categorically shows that the High Court shall not invoke Section 115 of the Code of Civil Procedure ...

Dec 15 1972

Ramnath Singh and Ors. Vs. Ram Bahadur Singh and Anr.

  • Decided on : 15-Dec-1972

Court : Allahabad

Reported in : AIR1973All290

... Section 115 of the Code of Civil Procedure the High Court may interfere in revision where under Clause (c) the subordinate Court appears to have acted illegally or with material irregularity in the revision of its jurisdiction. It is plain that the reading of inadmissible evidence for collateral purpose amounted to an error of procedure within the meaning of Clause (c) of Section 115 of the Code of Civil Procedure ... of inadmissible evidence for collateral purpose amounted to an error of procedure within the meaning of Clause (c) of Section 115 of the Code of Civil Procedure, in the leading case of N.S. Venkatagiri Ayyangar v. Hindu Religious Endowments Board, Madras , the Privy Council observed: 'Section 115 applies only to cases in which no appeal lies, and ... be manifest error of procedure in the exercise of jurisdiction within the meaning of Clause (c) of Section 115 of the Code of Civil Procedure and the order could be revisable. In the present case the award was compulsorily registrable under Section 17 of the Registration Act and was inadmissible in evidence under Section 49 of the same ... Section 115 of the Code of Civil Procedure, in the leading case of N.S. Venkatagiri Ayyangar v. Hindu Religious Endowments Board, Madras , the Privy Council observed: 'Section 115 applies only to cases in which no appeal lies, and where the legislature has provided no right of appeal, the manifest intention is that the order of the trial Court, right or wrong, shall be final. The section ...

Feb 21 2003

Dr. Savaldas Hasumal Makheja, Medical Practitioner,since Deceased thro ...

  • Decided on : 21-Feb-2003

Court : Mumbai

Reported in : (2003)105BOMLR372

... a further appeal in view of Sub-section (2), whereas, Sub-section (3) of Section 29 provides for a revisional remedy where no appeal lies. The remedy of filing a revision application under Section 115 of the Code of Civil Procedure before this Court is not specifically provided under the Bombay Rent Act. and the remedy having been provided under Section 29 of the said Act ... special statute and an appeal under Section 29 of the Act is not liable to be challenged by way of a further appeal in view of Sub-section (2), whereas, Sub-section (3) of Section 29 provides for a revisional remedy where no appeal lies. The remedy of filing a revision application under Section 115 of the Code of Civil Procedure before this Court is not ... writ petition would lie against, the decision of the District Court in an appeal under Section 29 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the Bombay Rent Act) instead of a Civil Revision Application under Section 115 of the Code of Civil Procedure? (b) Whether this Letters Patent Appeal could be entertained when Writ Petition No. 3487 ... filing a civil revision application under Section 115 of the Code of Civil Procedure and when such an alternate remedy was available this Court ought not to have entertained a writ petition.(i) Durga Prasad v. Naveen Chandra and Ors. : [1996]3SCR209 .(ii) Sheela Devi v. Jaspal Singh : AIR1999SC2859 .In the latter case of Sheela Devi (supra) a statutory remedy of revision under Section ...

Aug 03 1961

Nandalal Das Vs. Monmatha Nath Ghose and Ors.

  • Decided on : 03-Aug-1961

Court : Kolkata

Reported in : AIR1962Cal597

... an error in the decision on that point is not a jurisdictional error and is, therefore, not revisable either under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution. For emphasizing the limits of the scope of Section 115 of the Civil Procedure Code the learned Advocate-General relied on the Privy Council decision in the case of Rajah Amir Hassan Khan v. ... Board, Madras . In our view the true scope of Section 115 of the Civil Procedure Code is now firmly established by the two decisions of the Privy Council reported in 76 Ind App 131 and 67 : (AIR 1949 PC 239 and 156), above referred to and that scope can be summarised thus. Section 115 of the Civil Procedure Code applies to jurisdiction alone and empowers the High Court ... branches, namely, (1) that the Appellate authority under Section 29 of the Premises Tenancy Act is neither a 'Court' nor a 'Tribunal' but is merely a persona designate named in Section 16 as 'Appellate Officer' and, therefore, the order made by such Appellate Officer is not revisable by this Court either under Section 115 Civil Procedure Code or under Article 227 of the Constitution of ... true scope of Section 115 of, the Civil Procedure Code and Article 227 of the Constitution we have to examine this present case so as to find out whether there is any error of law in the decision of the Courts below that has resulted in the subordinate Court exercising a jurisdiction not vested in it by law. Upon examination of Section 16 (3) ...

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