Service -- Compulsory retirement - Provident Fund - In the enquiry report quantification of loss caused not recorded - In the charge sheet, allegations causing loss and quantifying the amount of loss not specified - An opportunity not afforded to the employee on the issue of causing loss or damage to the Bank, prior to the passing of resolution of appropriation of the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Filing of separate application for condonation of delay is not necessary if contents of application make sufficient disclosure with regard to grounds for condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Petitioners have disclosed the date and source of their knowledge about passing of exparte decree - Defendant no.1 already sold the property in favour of petitioners - Rights of petitioners are adversely impacted by decree - Petitioners shall suffer an irreparable loss..........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Permanent Lok Adalat - Setting aside - Partition suit - Permanent Lok Adalat can only resolve dispute in relation to public utility services - Subject matter of partition suit does not relate to any public utility services over which Permanent Lok Adalat can exercise jurisdiction - Award of Permanent Lok Adalat..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Knowledge of pending suit - Knowledge is required to be interpreted to mean complete and substantive knowledge of pending suit, the stage at which it is pending, name of Court and next date of hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suffering from Lung Cancer - Defendant died within a period of 1-1/2 months from the date he was proceeded against ex parte - In these circumstances, Court should have taken a holistic view of the matter - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - If there is non-compliance of mandatory provision of O.21.R.64 CPC, it cannot be said that failure of JD to question proclamation then and there would disentitle him from raising that question at post sale stage...........
