Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of fact that plaintiff was in possession of suit property on the date of suit is not open to challenge in second appeal even if appreciation of evidence is wrong and finding of fact is incorrect...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - When divergent findings on fact were available before High Court in an appeal u/s 100 CPC though reappreciation of evidence was not permissible, except when it is perverse, but it was certainly open for High Court to take note of case pleaded, evidence tendered, as also findings..........
Civil Procedure Code, 1908, Section 144, 2(2) -- Determination of a question within S.144 CPC - It is deemed to be a decree - Same is appealable and so also the order of Appellate Court is open to be assailed in a second appeal...........
Civil Procedure Code, 1908, Section 92 -- Leave to institute suit u/s 92 CPC - Public trust or private trust - Trust deed stipulates that proceeds of property of trust must be utilized for maintenance of temple - Income of trust is to be utilized for discharging Government revenue - Trust deed prohibits trustees from transferring any property of trust and further not to..........
Service -- Benefit of reservation - Bifurcation of State of Bihar into two successor States - Person is entitled to claim benefit of reservation in either of successor State of Bihar or State of Jharkhand, but will not be entitled to claim benefit of reservation simultaneously in both successor States - However, those who are members of reserved category and are resident..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Subsequent conduct - Very determination of an act of contempt cannot simply be based upon subsequent conduct - However, it is open to Court to see whether subsequent conduct of alleged contemnor would tantamount to an aggravation of contempt already..........
Criminal Procedure Code, 1973, Section 200, 482, Insecticides Act, 1968, Section 17, 18, 33, 29, 24(4) -- Cognizance of offence - Without conducting inquiry and ordering investigation - Offence u/ss 3(k)(i), 17, 18, 33, 29 of Insecticides Act - Where public servant in exercise of powers under provisions of Insecticides Act has filed complaint enclosing several documents..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Issuance of summons - At the stage of issuance of summons it is open to Court to examine whether suit is barred by O.7.R.10 or O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
