Service -- Termination - Reinstatement - Employee had a right to opt for either civil or industrial adjudication against his termination order, but two jurisdictions could not be intermingled by borrowing industrial law principle and applying them to the case declaring the termination illegal and issuing a mandatory injunction to defendant to reinstate the plaintiff to..........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
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...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order is not maintainable after closure of evidence and when suit is posted for judgment...........
Civil Procedure Code, 1908, Section 100A - - LPA against order of single Judge - LPA not maintainable notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by single Judge of a..........
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 6, Rule 17 -- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
Service -- Dismissal - Illegal gratification - Appellant acquitted of all the charges levelled against him - Moreover allegations against appellant were made two years after the alleged demand of bribe - Dismissal from service set aside in view of fact that there was a considerable delay in levelling charges against appellant as well as acquittal of appellant of all the..........
Constitution of India, 1950, Article 21 -- Speedy trial - Directions issued: (i) High Courts may issue directions to subordinate courts that: (a) Bail applications be disposed of normally within one week; (b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were not party in said suit, findings..........
