Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Wife having no knowledge of passing of ex-parte decree of dissolution of marriage inspite of residing with husband under same roof - Keeping in view the rival claims and interest of parties in matrimonial case, ex-parte decree set aside...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit contains two prayers, one relating to determination of title and ownership and another for setting aside Board proceedings - Held, as Extra Assistant Commissioner is necessary party for setting aside and quashing Board proceedings thus, for an effective and complete adjudication of title suit,..........
Income Tax Act, 1961, Section 148 -- Assessment - Deduction - High Court reversed order of ITAT by holding payments of royalty expenditure are to be treated as capital expenditure not as revenue expenditure - Where expenditure is incurred which gives enduring benefit, it will be treated as capital expenditure - Technical know-how and royalty payments are of enduring nature..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the application - Impugned order..........
Medical Council of India Act, 1956 -- Admission to Post Graduate Medical/Dental courses - Notification dated 5.5.2017 issued by State for notifying remote and/or difficult areas for grant of weightage in marks obtained in NEET - Validity - Identification of remote and/or difficult areas on the basis of unwillingness of Doctors to join at those places, cannot be held to be..........
