Civil Procedure Code, 1908, Section 100 -- P.W.D. Code, Para 1.129 - Second appeal - Concurrent findings of fact - Regularization - Work charged employee - Discharge on completion of work in terms of Para 1.129 of PWD Code - No employee junior to them was retained - The findings returned by the Court thus based on the evidence and the legal position - The right to..........
Criminal Procedure Code, 1973, Section 31(1) -- Punishment - Sentence in case of conviction of several offences at one point - Discretion vests with the Court imposing sentence as to whether the sentences should be made consecutive or concurrent - If court does not direct, it would be understood that the punishment shall run consecutively one after another - However, if..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot interfere with the concurrent findings of fact of courts below - But interpretation of the document is a question of law and not of fact - Interference by High Court is justified, when findings of the courts below regarding interpolation on the sale deed were the outcome of misreading of document..........
Civil Procedure Code, 1908, Section 100, Order 8, Rule 11 -- Second appeal - All applications, objections, petitions, first appeal filed by appellants against impugned order have been dismissed by all Court in the light of factual matrix - There is nothing on record to persuade Court to form any other opinion other than one recorded by two Courts below writing concurrent..........
Specific Relief Act, 1963, Section 37, Civil Procedure Code, 1908, Section 100 -- Injunction - Second appeal - Appellant failed to prove his title over the suit property - In fact suit property is a street - Concurrent findings of fact recorded by courts below - No material evidence ignored while returning this concurrent findings - Held, no ground is made out to upset the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction on the basis of possession - Plaintiff-appellant failed to prove his lawful possession over the suit land - Plaintiff-appellant dispossessed from the suit property in execution of warrants of possession issued by the competent court in favour of the respondent - Possession delivered to..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Jurisdiction - State amendment notification whereby jurisdiction was conferred on Courts other than District Court - As per provision of S.92 of CPC suit can be instituted in District Court or in any Court empowered by State Government - Word `or' denotes an alternative, giving a choice - Held, District Courts and..........
Civil Procedure Code, 1908, Section 92 -- State amendment whereby Court other than District Court also conferred jurisdiction u/s 92 CPC - Since the legislature has used the words `or' whereby the suit could be instituted either in District Court or in any Court empowered by State Govt. which denotes an alternative, giving a choice - District Court and Court notified by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings of fact of courts below regarding execution of agreement cannot be challenged in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Criminal offence - By Police official - Departmental enquiry - Holding of - Without informing the District Magistrate - Apparent violation of Rules 16.38(1) and (2) of the Rules which are mandatory in nature - Concurrent findings of facts by Courts below - No substantial question of law arises in appeal - Do not find any error in..........
