Civil Procedure Code, 1908, Section 100, Order 26, Rule 9 -- Second appeal - Report of local commissioner - Re-appreciation - Not permissible unless report is perverse or against preliminary decree...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1 -- Second appeal - New plea - Not permissible - As second appellate Court being required to delve into the issue of substantial questions of law is not required to entertain fresh plea of facts which was not agitated before Courts below...........
Civil Procedure Code, 1908, Section 100, Order 20, Rule 18 -- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report of Civil Court..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
Civil Procedure Code, 1908, Section 100, 35B, 2(2) -- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
Mohammedan Law, Section 307(3) -- Suit for dissolution of marriage by husband - Maintainability - None of the provisions under Mohammedan Law permits husband to obtain decree of divorce through a judicial declaration - Suit, held not maintainable...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cow slaughter - Question of identity of petitioner is based on hearsay and thus a debatable issue having been arisen over its acceptability and legality, together with the fact that recovery, if any, has already been effected and that nothing more is to be recovered from petitioner - Moreover, joining the..........
Service -- U.P Public Service Commission Examination - Preliminary examination - Dispute as to incorrect key answers published by Commission - Commission even before publishing first list of key answers, same had got moderated by two expert committees - Thereafter objections were invited and 26 member committee was constituted to verify objections - Committee consisted of..........
Agreement to reconveyance -- Unregistered - Suit for specific performance - Sale deed executed and on the same day agreement of repurchase executed - Suit for specific performance of an unregistered agreement of repurchase is maintainable...........
