Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25 -- Remand - Necessary only when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the parties while..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues sought to be framed by defendant are already existing since inception - Entire endeavor of defendant by filing present application was aimed at delaying decision of suit - Application rightly dismissed...........
Service -- Misconduct - Reinstatement with 50% back wages - Award of Labour Court - Validity - Labour Court failed to decide validity and legality of domestic enquiry as preliminary issue - It called upon parties to lead evidence on all issues including charge of misconduct in first instance itself - Further, Labour Court proceeded to examine the findings of Enquiry..........
Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non payment of maintenance granted u/s 125 Cr.P.C. - Defence of such person in any proceedings instituted against him by wife in connection with or in relation to matrimonial issues between them, can be struck off by Court by invoking power u/s 151 of the Code...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has to be done with express authority..........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7) -- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking of parties name - Plaintiff alleged breach of obligation on part of defendant-directors, for failure to protect his invested interest in Mutual Funds - Plaint contained necessary elements of breach of tort of negligence and disclosed cause of action - Directors of company projected as skilled repositories of money..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(3), 13(4), 13(6), 13(1)(a) -- Eviction - Provision of S.13(3) of the Act is mandatory - Court to fix provisional rent within three months of the filing of written statement but before framing of issues - Court to determine provisional rent irrespective of any application - If rent so determined by..........
