Service -- Retired employee can be appointed as an inquiry authority - It is not necessary that inquiry officer should be a public servant. (Central Civil Services (Classification, control and Appeal) Rules, 1965, R.14(2)..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claims title through unregistered documents - However, sale deed executed by defendant no.2 in favour of third defendant is a registered one - Plaintiff has not proved a valid title to suit property - No steps taken by plaintiff to cancel the registered sale deed in favour..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power to review may not be exercised on the ground that decision was erroneous on merits as same would be the domain of Court of appeal...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of sale deed - Jurisdiction of Tribunal - Serious issue of jurisdiction raised that in absence of there being any condition as mandatorily required u/s 23 of the Act, Tribunal had no jurisdiction to direct cancellation of sale deed - Case being arguable and raising an issue of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of sale deed - Jurisdiction of Tribunal - Serious issue of jurisdiction raised that in absence of there being any condition as mandatorily required u/s 23 of the Act, Tribunal had no jurisdiction to direct cancellation of sale deed - Case being arguable and raising an issue of..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
