Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Disobedience - Application U.O.39.R.2-A CPC lies only where disobedience/breach of an injunction granted or order complained is one which was granted by Court U.O.39.Rr.1 & 2 CPC which is to enure during the pendency of the suit - Once a suit is decreed, the interim order, if any, merges into the final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim order - If the case is dismissed the interim order stands nullified automatically...........
Civil Procedure Code, 1908, Section 2(2), 9, 16, 21 -- Decree passed by Court lacking jurisdiction - Decree is nullity - Finding of a Court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction - Acquiescence of a party cannot be permitted to defeat the legislative animation - Court cannot derive jurisdiction apart..........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot go behind the decree...........
Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Section , Order 14, Rule 1(5), Civil Procedure Code, 1908, Section , Order 15, Rule 1 -- First hearing of the suit - Meaning - Comes after the framing of issues - The words 'first day of hearing' does not mean the day for the return of summons...........
Civil Procedure Code, 1908, Section 35 -- Costs - Appellants not coming to Court with clean hands as it withheld Aks Sijra, site plan and demarcation report - Appellants also raised illegal construction despite injunction order - Cost of Rs.5 lakhs imposed...........
Bihar Re-Organization Act, 2000, Section 89,62, Civil Procedure Code, 1908, Section 20 -- Re-organisation of Jharkhand - Pending proceedings - Transfer of - Declaratory suit for reinstatement decreed - Plaintiffs workmen in Power Plant situated in area falling in State of Jharkhand after re-organisation - On appointed date appeal against decree pending in Court in Bihar -..........
Civil Procedure Code, 1908, Section 9 -- Civil court - Jurisdiction - Dismissal from service - Declaratory suit for reinstatement in service filed by workmen - Maintainability of - Held, suit seeking reinstatement clearly barred and not maintainable - Respondents can raise an industrial dispute concerning their dismissal from service under provision of Industrial Dispute..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief not founded on the pleadings should not be granted...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Not permissible...........
