Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Doctrine of merger -- Means that at one point in time, only one decree can subsist...........
Doctrine of merger -- When a higher forum entertains an appeal on merits, doctrine of merger would apply...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Bank failed to comply with mandate of Supreme Court directing payment of retiral dues to petitioner within three months from the date of said order - However, material placed on record do not demonstrate that delay in compliance was borne out of any willful or..........
Doctrine of merger -- Principle of merger though often applied to judgments and decrees, extends equally to orders that stand impliedly nullified or rendered redundant by superior judicial pronouncement...........
Doctrine of merger -- It is founded on the rationale that there cannot be more than one operative decree at a given point of time - Doctrine of merger applies irrespective of whether appellate Court has affirmed, modified or reversed the decree of trial Court...........
Doctrine of merger -- It is founded on the rationale that there cannot be more than one operative decree at a given point of time - Doctrine of merger applies irrespective of whether appellate Court has affirmed, modified or reversed the decree of trial Court..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merger of banks - Cheque issued of Allahabad bank - Allahabad bank merged with Indian Bank - Cheque issued from Allahabad Bank and presented before Indian Bank till 30.09.2021 was valid - However, in the instant case cheque of Allahabad Bank was presented in Indian Bank on 21.08.2023 - Cheque was..........
