Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be a question of law, a foundation for the same must exist in the pleadings and the question should emerge from the findings of fact arrived at by Courts below and that the same be necessary to be decided for a just and proper adjudication...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court being confined only to substantial questions of law - Findings of fact are not open to challenge in the second appeal...........
Arbitration and Conciliation Act, 1996, Section 11 -- Scope of judicial interference of referral Courts - With a view to balance limited scope of judicial interference of referral Courts with the interests of parties who might be constrained to participate in the arbitration proceedings, Arbitral Tribunal may direct that the costs of arbitration shall be borne by party..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(3) -- Order passed u/s 3(3) of the Act - Appeal - No provision in Statue enabling party to file appeal against order passed u/s 3(3) of the Act - When no such remedy is provided by law, judgment in appeal is a non-est and can only be ignored...........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Interference with possession by police -- Under no circumstances police can interfere with possession of immovable property, as such action does not bear sanction by any provision of law...........
Muslim law -- Divorce - If the husband claims that he had divorced wife by properly pronouncing talaq three times, and it is disputed by wife, question arises if the marriage has been validly dissolved - Issue cannot be left to the unilateral determination of husband - Only appropriate and legally permissible course would be to call upon the husband to obtain a judicial..........
