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Showing posts with label cross objection. Show all posts
Showing posts with label cross objection. Show all posts
Sunday, 29 March 2026

Ex Parte at Trial, Active in Appeal: Can the Defendant File Fresh Documents in First Appeal?

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Q :- S uit is proceeded exparte against defendant before trial court. trial court has dismissed the suit of plaintiff. plaintiff has filed a...
Wednesday, 11 February 2026

Questions and answers on law (Part 83)

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 Q 1:- What is distinction between Cross‑objection and cross‑decree? Cross-objections (filed under Order 41 Rule 22 CPC) are objections rais...
Sunday, 15 June 2025

Whether appellate court can interfere in decree passed by trial court in absence of cross objection if that decree grants relief to appellant contrary to law?

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 The powers of an appellate court to interfere with a decree passed by a trial court in the absence of a cross-appeal or cross-objection are...

Restricting Appellate Modification of Decrees Without Cross-Appellate Objection: Analysis of Banarsi v. Ram Phal

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  The landmark Supreme Court of India case of Banarsi And Others v. Ram Phal  (2003) 9 SCC 606   established crucial limitations on the powe...

What is distinction between cross objection and cross appeal as per indian law?

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 Under Indian law, cross objections and cross appeals serve similar purposes but have distinct procedural characteristics. Here are the key ...
Saturday, 3 August 2024

Supreme court: Respondent in appeal can without filling cross-objections attack adverse finding upon which decree has been passed against him

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We hold that the respondent-defendant in an appeal can, without filing cross-objections attack an adverse finding upon which a decree in par...
Friday, 2 August 2024

Whether plaintiff should value his appeal on the basis of combined valuation of the plaint and counterclaim where both suit and counter-claim are dismissed?

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  Where both suit and counter-claim are dismissed, the subject-matter of the appeal would be the plaint. Hence valuation would be as per the...

Whether the District Court (Appellate Court) lacks jurisdiction to entertain appeal when valuation of cross-objection exceeds pecuniary jurisdiction of the District Court?

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 Having noticed the change in old Code and new unamended Code of Civil Procedure, let me now turn to the further legislative change brought ...
Wednesday, 4 October 2023

What is the basic concept of legal right and how this concept is relevant to decide who is “person aggrieved” ?

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 In this context, we may refer to a recent pronouncement in Ayaaubkhan Noorkhan Pathan v. The State of Maharashtra & ors. 2012 (11) SCAL...
Monday, 2 October 2023

Whether Cross Objections Have All Trappings Of Regular Appeal and it Must Be Considered In Full?

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  In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellant...

Whether Second appellate court should remand the case if first appellate court has failed to give it findings on cross objection?

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 In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellants...
Saturday, 31 December 2022

Bombay HC: 9% is the appropriate rate of interest to be awarded in motor accident compensation cases

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   The Tribunal awarded an interest @ 6% p.a. from the date of application till its realization and I find substance in the submission of th...

Whether claimant must prove percentage of loss of earning capacity, arising from a permanent disability in motor accident case?

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  When a claimant suffers a disability as a result of such injuries and on ascertaining that the disability is of permanent nature, the asse...

What are Special Damages and General Damages under which compensation is awarded in motor accident cases?

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  The heads under which compensation is awarded in personal injury cases are the following: Pecuniary damages (Special Damages) (i) Expenses...

Whether the court can enhance compensation in motor accident case even if claimant has not filed cross-Appeal or cross-objection?

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  The counsel for the claimant/respondent Ms. Nandini would submit that though the claimant has not filed any Appeal, against the inadequate...
Tuesday, 31 August 2021

Supreme Court: A party can challenge adverse findings without filing cross objection

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 The effect of the amendment was considered in Banarsi & Ors. v. Ram Phal  (2003) 9 SCC 606. , where this Court held that after the 1976...
Sunday, 7 February 2021

Does Section 96 of CPC restrict the scope of cross-objections only to questions of merit excluding any aspect of procedural lapses?

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  The first appellate Court has heavily relied on the case holding of Bhanu Kumar Jain v Archana Kumar. (2005) 1 SCC 787 Then, it has held t...
Sunday, 11 October 2020

Whether the Appellate court can permit conversion of the civil appeal into cross-objection?

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The Appellate Bench of the Court appears to have also considered various judgments cited at the Bar on the applicability of Section 151 of t...
Sunday, 2 August 2020

Supreme Court judgment on cross-objection in appeals under the Motor Vehicles Act

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 A conjoint reading of the provisions of Section 173 of the M.V. Act; Rule 249 of the Bihar Motor Vehicle Rules, 1992; and Order XLI Rule 2...
Sunday, 7 June 2020

Whether cross objection is maintainable in a civil revision application?

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The cross­objections contemplated under O.41 R.22 are in the nature of substantive right available to the person interested in opposing th...