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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Payment of Gratuity Act, 1972, Section 1(3) -- Applicability - Only three employees were working with the Association - Considering that an association is part of health department has to be negated as a natural corollary - Held, association is not amenable to provisions of payment of Gratuity Act - Employees not entitled for gratuity...........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d) -- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that present appeal..........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........

HYDERABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non-framing of an issue - When parties understood the area of controversy and adduced evidence in relation to that, mere fact that an issue was not framed does not affect adjudication...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Police officers are duty bound to enforce the order of interim injunction of Court and give protection and assistance to petitioner who obtained such order in his favour and sought such protection by making a complaint...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case of plaintiff - Suit..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted it to plaintiff to..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 146, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Transferee pendente lite - If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of such person - A transferee pendente lite is a legal..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Trust property - Beneficiary of trust has right to be impleaded as party - He cannot be treated as stranger...........

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