Service -- Participation in disciplinary proceedings - Officer against whose order an appeal has been preferred, cannot participate in the proceedings, where appeal is being decided...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order passed U.O.9.R.13 CPC - Writ petition u/art 227 of Constitution - Maintainability - Order passed U.O.9.R.13 CPC is not an interlocutory order and same was not passed by Court below with consent of parties - Writ petition u/art 227 of Constitution is not maintainable against said order, as remedy of appeal u/s 19(1) of..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and also maintenance to minor child born..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Order admitting appeal should specifically state what are questions of law on which appeal is admitted - Obviously if no substantial question of law arises then appeal has to be dismissed at threshold...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial questions of law - Parties have to be heard after framing of substantial questions of law - Hearing cannot be prior to substantial questions of law - High Court therefore, erred in hearing in appeal finally when questions of law have not been framed and formulated questions of law only in..........
Civil Procedure Code, 1908, Section 100 - - Second appeal - Substantial question of law - Court has power to hear appeal on any substantial questions of law not formulated by it if it is satisfied that case involves such questions - However, in such eventuality Court has to record its reasons for formulating such questions of law...........
Civil Procedure Code, 1908, Section 96 -- Appeal - A party to a suit adversely effected by a decree or any of his representatives-i, interest may file an appeal - But a person who is not a party to a decree or order may with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved by it or is otherwise..........
Civil Procedure Code, 1908, Section 96 -- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal filed by purchasers, same is not per..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11(2), 22 -- Eviction order - Implementation of order - Property of senior citizen - Order of maintenance Tribunal is implemented and possession of house was delivered to mother/senior citizen under a panchnama - Mother is in possession of subject house property - Though daughter-in-law is also living..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mixed questions of law and facts - Cannot be raised for the first time in second appeal...........
