Auction sale -- Conversion of leasehold rights into freehold rights - Property in question, which was put in auction was a property as lease hold rights residential plots - When property is auctioned, terms and conditions of auction are binding on both the parties - Auction notice provided for auction of leasehold rights which is an important factor, which cannot be..........
Doctrine of merger -- When a higher forum entertains an appeal and passes an order on merit, doctrine of merger would apply - Doctrine of merger does not make a distinction between an order of reversal, modification or an order of confirmation passed by appellate authority...........
Limitation Act, 1963, Article 136 -- Execution - Limitation of 12 years - Starting point - Decree for possession and arrears of rent - Doctrine of merger - Judgment of trial Court was affirmed by First Appellate Court and was further affirmed by Second Appellate Court - Decree passed by High Court becomes enforceable in view of doctrine of merger - Execution petition filed..........
Rent and eviction -- Non-payment of rent - Rent controller vide its earlier order while leaving open the issue of rent from 1.4.2001 to 31.1.2004 directed the tenant to pay the rent from 1.10.2004, as there is dispute with regard to said period - Tenant failed to pay the rent in terms of said order - When the matter was taken up for consideration, Rent controller came to..........
Agreement to sell -- Specific performance - Plea of hardship - Suit property is the only property of defendant no.1 who is a widow - Defendants eking out their livelihood from the property - Even otherwise, only a merger sum of Rs.5000 has been paid by plaintiffs as advance and no further payment was made - Pleadings of plaintiff on the other side show that their huge..........
Doctrine of merger -- If subject matter that was under consideration by lower forum was taken in appeal and the very same subject matter was reconsidered by appellate forum and judgment passed thereon, judgment of lower Forum merges into that of appellate forum and ceases to survive - However, if entire subject matter was not carried in appeal and is not subject thereof,..........
Principle of merger -- Of an order with order of superior Court would apply equally to orders passed by tribunals...........
Service -- Claim of retiral benefits - Merger of PEPSU Roadways to PEPSU Road Transport Corporation - Respondents were originally appointed in PEPSU Roadways on temporary basis - Services of respondents were transferred to Corporation on merger of PEPSU Roadways to PEPSU Road Transport Corporation - Respondents accepted such merger and alteration of their service..........
Doctrine of merger -- Applicability - Merger not only applies to appeal, but also to revision filed either u/s 115 CPC or Art.227 of Constitution...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power u/s 152 CPC...........
