Service -- Regularisation - Labour Court directed that employee should be classified as permanent employee - However, respondents in their appeal stated that employee cannot be regularized in the absence of a sanctioned post - Even if no post was available, employee was required to be placed in a supernumerary post till such time a sanctioned post became available where he..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Interest for the period of delay in filing appeal before High Court - Claimants filed appeal before High Court against award of compensation passed by Tribunal, with a delay of 708 days - High Court while condoning said period of delay directed claimants that they will not be entitled to any interest for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of fact on record that there is a temple existing on the suit land and therefore suit land cannot be partitioned - Existence of Smadhis on the suit land was also accepted by both the Courts - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Court that entertains petition of compromise can determine its legality, at the time of recording compromise or when it is questioned by way of a recall application - No other remedy is available to party who is aggrieved by compromise decree as an appeal and fresh suit are not maintainable..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - It is the duty of appellate Court to independently evaluate evidence presented and determine whether such evidence is credible - High Court must provide clear reasons for accepting evidence on record - Mere concurrence with findings of trial Court is insufficient unless supported by a well reasoned..........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Second marriage could not be solemnized till final disposal of appeal in terms of S.15 of the Act...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Second marriage - Apprehension is expressed by appellant that respondent is going to perform a second marriage - Till disposal of appeal against divorce decree, respondent cannot perform a second marriage - Respondent restrained from performing second marriage till the next date of hearing...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Reversal of judgment of First Appellate Court on the facts was impermissible while exercising jurisdiction by High Court u/s 100 CPC...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Change of law by itself cannot be a ground for finding fault with acquittal judgment rendered in favour of accused...........
