Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - Court to decide first appeal keeping in view the scope and powers conferred on it under S.96 read with O.41.R.31 CPC - Judgment of appellate Court shall state : (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is..........
Civil Procedure Code, 1908, Section 151 -- Quashing of order - Executing Court is only to take decree to its logical end and has no jurisdiction to go into judgment and reasoning - Held, Where issues have been framed and court declined interest, Executing court was precluded from making such i, depth scrutiny regarding the entitlement of plaintiff - Executing court had to..........
Constitution of India, 1950, Article 16 -- Appointment for the Post of Veterinary Livestock Development Assistant - Requirement that the candidate must possess the Diploma in Veterinary Science from recognized institute, approved by Haryana Government - Petitioner passed the Diploma from the institute, which is not recognized by Haryana Government - It is for competent..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issues involved in both proceedings different - Decision in earlier proceedings does not operate as res judicata...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in plaint - Trial has already commenced and suit was decided against petitioners - The facts have been noticed and the question of due diligence does not arise as parties were well aware of their rights inter se themselves - Amendment would change the very nature of the controversy and issues would have to be recast..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admissions - This provision is only an enabling one and vests discretion in the court to pass a judgment on admission and by no means can be said to be mandatory in its effect - Circumstances made it clear that issue is not as simple as has been tried to be projected by petitioner and sanctity and legality of admission made..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in written statement - Compromise was effected in probate proceedings and subsequent proceedings took place after filing of written statement - Amendment would help to adjudicate upon the issues and share of parties as dispute pertains to estate - While considering the amendment merits need not be gone into and it..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellant Court - First Appellate Court is required to frame its own points of determination instead of taking up the issues framed by Trial Court one after the other - Such procedure adopted by appellate Court cannot be said to be substantial compliance of O.41.R.31 CPC - Impugned judgment of first appellate..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - For consideration of all issues by setting aside judgment and decree - Lower appellate Court ought to have resorted to provision of O.41.R.25 CPC - Order of wholesale remand is legally unsustainable...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff has option to lead his entire evidence on all issues and in case he intends to lead rebuttal evidence or answer the evidence that is to be led by defendant as regards the issues the onus of proof is upon defendant, he shall have to reserve his right - Further, plaintiff shall have to exercise his..........
