Service -- Penalty - Stoppage of one increment with cumulative effect - Age of appellant is 68 years and there being no evidence whatsoever available on record to arrive at a conclusion that he is guilty of charge - Moreover, complainant herself had withdrawn the complaint and she was not even examined on behalf of employer to prove the charge - Findings of enquiry officer..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant pleaded that summons had not been served duly on account of his change of address - However, defendant did not provide his changed registered address nor has he mentioned his changed address in the application U.O.9.R.13 CPC - Plea rejected - Application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion expressed by an expert cannot be set aside by Court in an ordinary manner and Court shall leave the opinion subject to its proof by examining its author and by other means - Though, Court can opt for a second opinion, if facts of particular case absolutely warrant such a course of action without interfering or..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Material irregularity - Mere mentioning of year 2022 in place of 2023 regarding auction, when the publication itself was made in the newspaper in the year 2023, there was no question of public misunderstanding the date of auction as 2022 and as such it is not a material irregularity..........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession on the basis of title - Trial Court decreed the suit - However, first appellate Court dismissed the suit on its own by setting up a new case by holding defendants to be tenants - Appellate Court could not travel beyond the pleadings of parties - Impugned order of First appellate court set aside..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
