Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, Section 9(2), Civil Procedure Code, 1908, Section 2(2), 96 -- Order made by Sub Court, which is essentially a Civil Court in a reference u/s 9(2) of the Act, will be a decree within meaning of S.2(2) CPC - Once it is held to be a decree within meaning of S.2(2) CPC, an appeal would automatically lie against..........
Civil Procedure Code, 1908, Section 25 -- Writ petition - Transfer of petition from Telangana High Court to High Court of Delhi - Delay in disposal - Petition cannot be transferred from one Court to another on sole ground of delay in disposal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Stranger to agreement making a claim adverse to title of defendant by claiming right of co-sharership in suit property cannot be termed to be necessary party, nor proper party for adjudication of case on merits...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Order dismissing application U.O.1.R.10 CPC - Not appealable in terms of O.43.R.1 CPC and cannot be termed as interlocutory order - Petition u/art 227 of Constitution is maintainable against such an order...........
Service -- Misconduct - Disciplinary proceedings - Effect of criminal enquiry on disciplinary proceedings - Criminal complaint is also registered against appellant with CBI - CBI though after investigation did not find adequate material to launch criminal prosecution against appellant but recommended major disciplinary action against appellant - Criminal proceedings are..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 90 -- Compromise- Refund of Court fee - Court fees can be refunded to parties where compromise/settlement takes place even outside Court - Both the parties allowed refund of their respective Court fees affixed before trial Court, lower Appellate Court and High Court in second appeal...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction Grant of temporary injunction is not to be claimed by a party as a matter of right nor can be denied by a Court arbitrarily rather, discretion in this regard is to be exercised by a Court on basis of principle applicable to the same...........
