Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
Agreement to sell -- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to sell and receipt of part of sale consideration in pursuance..........
Constitution of India, 1950, Article 32 -- Levy of Market fee - High Court has passed common judgment deciding fifteen writ petitions - All writ petitions are also dismissed taking into consideration terms and conditions of contract of sale between petitioner and its seller - This is clearly wrong approach - In each case High Court was supposed to go into contract for sale..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders passed by Court - Directions which are explicit in the judgment or "are plainly self evident" can be taken into account for the purpose of consideration as to whether there has been any disobedience or wilful violation of the same...........
Doctrine of merger -- If subject matter that was under consideration by lower forum was taken in appeal and the very same subject matter was reconsidered by appellate forum and judgment passed thereon, judgment of lower Forum merges into that of appellate forum and ceases to survive - However, if entire subject matter was not carried in appeal and is not subject thereof,..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
Maharashtra Police Act, 1951, Section 56, 63 -- Externment of criminal - Order of externment passed from Pune District passed by Authority - Authority did not consider pending cases and did not provide appearance of externee in Court - Non consideration of pending court cases and not providing for appearance therein is not an instance of non application of mind vitiating..........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Karnataka Value Added Tax Act, 2004, Section 29, 30, Karnataka Value Added Tax Rules, 2005, Rule 3 -- Taxable turnover - Determination - Requirement of reference of discount in tax invoice or bill of sale is to qualify it for deduction construed in relation to transaction resulting in final sale/purchase price and it is not limited to original sale sans trade discount -..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
