Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in not making compliance of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of points of determination - It is mandatory for First Appellate Court to frame points of determination while deciding first appeal - Since said requirement of law not fulfilled, as such First Appellate Court has committed illegality in not making compliance of O.41.R.31 CPC - Impugned order not..........
Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g) -- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal from original decree - Cross-objections - Period of limitation is one month from the date of service of notice on respondent or his pleader...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then his right to file..........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 3 -- Bar of limitation - Provisions of O.41.R.22 of CPC are akin to the provisions of Limitation Act, 1963, i.e. when such provision bar a remedy, by efflux of time, to one party, it gives consequential benefit to opposite party - More so, before such vested benefit be taken away, Court has to..........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - Employee`s Compensation Commissioner has no power of review as such power is not conferred by R.41 of Rules, 1924 and in fact R.32 of Rules, 1924 restricts power after passing judgment only to..........
Employee's Compensation Act, 1923, Section 30, Workmen's Compensation Rules, 1924, Rule 32, 41, Civil Procedure Code, 1908, Section 114, Order 47 -- Review - Applicability of CPC - R.41 of the Workmen`s Compensation Rules does not make applicable provision of O.47 r/w S.114 CPC to the proceedings before Employee`s Compensation Commissioner although various other provisions..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-framing of point of determination - It is mandatory on the part of First Appellate Court to frame point for determination before deciding appeal and judgment of appellate Court should state the same - Since First Appellate Court failed to frame said point for determination, on this..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - First Appellate Court framed five additional issues and forwarded the same to trial Court for its decision - Trial Court decided said issues and sent back the record to First Appellate Court - First Appellate Court while deciding appeal has not taken any reference of said decision of Trial Court and thus, completely..........
