Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Senior citizen - Maintenance - Father senior citizen claiming maintenance from his eldest son as he being the only one capable of maintaining him out of his three sons - Tribunal can award monthly maintenance to senior citizen when he is not able to maintain himself and children or relative..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where executant of sale deed wants it to be annulled, he has to pay ad valorem Court fee on consideration stated in sale deed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband who is able to pay hefty amount towards home loan and car loan, cannot be permitted to deflect from his responsibility towards his legally wedded wife as well as children...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree for return of gold ornaments or its value - Court is obliged to state in such a decree to pay value of gold ornaments in money terms as an alternative relief - If value is not quantified, direction shall be to pay value at the time of making payment - If value of gold ornaments is quantified and amount is stated in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Fine/Compensation - Directions to pay compensation in regard to the loss on account of dishonour of cheque should be practical and realistic - In the instant case cheque amount was Rs.7.75 lakhs and a fine of Rs.1,000/- only was imposed - Accused to pay a fine of Rs.10.00 lakhs in addition..........
Service -- Classification of posts and determination of pay structure falls within exclusive domain of Executive and Courts or Tribunals cannot sit in appeal over wisdom of Executive in prescribing certain pay structure and grade in a particular service...........
Service -- Equal pay for Equal Work - Equal pay must be for equal work of equal value...........
