Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in suit related to the legality, validity and binding nature of a gift deed executed by `B' - `B' was in possession of property throughout - High Court opined that the question of possession and the question of title are two different things - Apex Court while upholding the decision of the High Court, held that..........
Civil Procedure Code, 1908, Order 22 -- Two respondents died during pendency of second appeal - L.R's not impleaded - Appeal stands abated as against them - Held, where the decree is single and indivisible, there cannot be inconsistent decrees as against the deceased respondents and the contesting surviving respondents - Appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of the Courts below that sale deed in favour of the first defendant is earlier in point of time and was genuine and valid - It is a Finding of fact - It is not open to challenge in second appeal...........
Land Acquisition Act, 1894, Section 11, 18, 25 -- In a reference u/s 18 or an appeal against enhanced compensation - Court cannot reduce compensation less than the offer made by the Collector...........
Constitution of India, 1950, Article 226 -- Dismissal of application in a suit -Appellant moved the High Court under Article 226 against the dismissal of his application - Alternative remedy available under CPC - Held, the procedure prescribed under CPC cannot be bye-passed by availing of the remedy under Article 226 - Appeal dismissed...........
Civil Procedure Code, 1908, Order 47 -- Review - Order of the Administrative Tribunal confirmed by the Supreme Court by (refusing to grant leave to appeal -Tribunal cannot review its order thereafter...........
Civil Procedure Code, 1908, Section 96 -- Suit for injunction - Trial Court finding plaintiff to be in possession but also gave a finding that he is not its lawful owner - Appeal by plaintiff - Though under the Code there could be no appeal against a finding yet on grounds of justice, an appeal lies against a finding provided it would operate as res judicata - Appeal held..........
Hindu Marriage Act, 1955, Section 13 -- Maintenance - Failure to pay - Divorce petition by wife - Dismissed - Appeal against - Maintenance fixed - Failure of husband to pay the maintenance and the litigation expenses - Defence of husband struck off - Petition filed by wife allowed - Decree of divorce granted...........
Service -- Dismissal - Misappropriation of public funds - Respondent con-victed under Section 468 IPC - Respondent dismissed from service - On appeal, the Director of Local Bodies reduced the punishment to stoppage of increments - Held, in corruption cases there cannot be any other punishment than dismissal...........
