Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Form or format in which points for determination are framed is not decisive - Judgment of first Appellate Court is not only inconsistent with provisions of O.41.R.31 CPC, but has led to fatal miscarriage of justice and is unsustainable in law - Judgment of first Appellate Court set aside -..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Words just and convenient appearing in O.40.R.1 CPC has to be understood in a manner what is actually right and just for protection of property...........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Ex parte appointment of receiver - Appointment of receiver was made keeping in mind protection of suit property - Defendants never found themselves convenient to submit their written objection - Even on the date scheduled for hearing, no adjournment petition was ever filed by defendants - Appointment of receiver..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Loan - Payment of Instalment - Interest - Trial court awarded interest from @ interest 14.50%, but from the record it appears that agreed interest was 12.50% per annum - Therefore, interest should have been awarded @ 12.50% per annum...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Remedy for defendant is to file appeal - Writ petition not maintainable...........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 1, 2 -- Order U.O.39.Rr.1, 2 CPC - Appeal - If an order is passed by any Court U.O.39.Rr.1, 2 CPC by trial Court or by appellate Court, as the case may be, appeal lies u/s 104(1) CPC but thereafter, no further appeal would lie, as legislative bar contained in S.104(2) CPC would apply in full force...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - For maintaining second appeal, an aggrieved party is required to plead and prove existence of substantial question of law...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Suit filed for custody of child is not similar to earlier writ petition seeking production of corpus claimed to be in illegal detention - There is neither existence of two suits nor suit filed for custody of child covers matter involved in writ petition, nor issue..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability to labour proceedings - Principle of res judicata applies to labour/industrial proceedings...........
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
