Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of petition for presentation in proper Court - Representation of petition in Court indicated in the order of return - Cannot be considered as a fresh filing in all circumstances when, it is returned to the plaintiff for such representation...........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Constitution of India, 1950, Article 141 -- Law declared by Supreme Court - Binding on all civil and judicial authorities within the territory of India - High Court has no right to tinker with the judgment and order passed by Supreme Court which is binding and judicial propriety has to be maintained at all costs - It is made clear to all concerned more so, to the Courts..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Order admitting appeal should specifically state what are questions of law on which appeal is admitted - Obviously if no substantial question of law arises then appeal has to be dismissed at threshold...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Framing of substantial questions of law - Parties have to be heard after framing of substantial questions of law - Hearing cannot be prior to substantial questions of law - High Court therefore, erred in hearing in appeal finally when questions of law have not been framed and formulated questions of law only in..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 36 - - Disability - Appointment - Post of Civil Judge-cum-Judicial Magistrate - Benefit of reserved category - Respondent indicated her category in the application as General - She had not applied against vacancies advertised for physically challenged category..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
