Civil Procedure Code, 1908, Section 100 -- Second appeal - It is the duty of High Court to formulate the substantial question of law involved in the case even at the initial stage and in exceptional cases when the question of law is formulated at a later point of time then the opposite party should be put on notice thereon and should be given a fair or proper opportunity..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Though not formulated earlier, can be formulated at the time of hearing of second appeal - Since it is so formulated, second appeal is entertainable...........
Consumer Protection Act, 1986, Section 19 -- Ex parte Order - State Commission passed ex parte order in favour of the complainant under an erroneous impression that opposite party had not filed a written version - Case remanded to State Commission - Even if the opposite party was not represented by counsel on the subsequent day on which the case was taken up for hearing it..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit was not fixed for actual hearing - After passing of order proceeding ex parte plaintiff was directed to file affidavit by way of evidence - No such affidavit was filed - Defendants cannot be prevented from participating in the proceedings from that stage - Would be entitled to..........
Land Acquisition Act, 1894, Section 17(1), 5A -- Urgency invoked and enquiry under Section 5-A dispensed with regard to acquisition of land for the purpose of development and utilisation as residential plots and construction of houses-Land not utilised for 12 years in view of stay order granted by the Court-Objections to the acquisition of land if called for and..........
Haryana Panchayati Raj Act, 1994, Section 160(1)(a) -- Order suspending President, Vice President or Member Zila Parishad-Cannot be passed without issuing notice and affording opportunity of hearing - Section 160(1)(a) para materia with Section 102(1) Punjab Gram Panchayat Act as applicable to State of Haryana except that under Section 160(1)(a) power to suspend given to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Enforcement - Police help - Courts must be on their guard to refrain themselves from issuing direction to the police to implement its ex parte orders - There is no bar against taking police assistance in enforcing final order of injunction passed after hearing both sides...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution of decree - Resistance by stranger who is in possession in his own right - Right of stranger has to be decided by executing Court after giving opportunity of hearing to the stranger and decree holder - It is not correct for High Court to hold that such a stranger has first to vacate and then approach under..........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Scope - Both the provisions not synonymous - Under O.37.R.4 applicant has to sow 'special circumstances' preventing him from entering appearance within stipulated period - In case of O.9.R.13 applicant has to satisfy the Court about 'sufficient cause' preventing him from appearing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant must satisfy the Court that summons were not duly served or he was prevented by any special cause from appearing when the suit was called for hearing - Mere production of medical certificate - Not sufficient to prove illness...........
