Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Framing of issues to decide application for secondary evidence - Documents whether exists or not, destroyed or not, or are in the possession of same person or not or can be produced before Court or whether secondary evidence is to be allowed or not - Held, Court below is within its right to frame issues in this regard..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Service -- Direct recruitment - A lot of policy issues are involved in direct recruitment - It is not mandatory that all such vacancies should be filled up and if at all to be filled up, should be filled up as and when vacancies arise - These are all matters left to the conscious decision of the appointing authority...........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to enable parties to..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
Constitution of India, 1950, Article 136 -- Appeal - Merely because two Courts have taken particular view on material issues, that by itself does not operate as fetter on Supreme Court to exercise jurisdiction u/art 136 of Constitution...........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
Constitution of India, 1950, Article 226 -- Writ petition - Service matter - High Court dismissed the writ petition filed against order of Employees Provided Fund Appellate Tribunal, cursorily without dealing with any of issues arising in case as also arguments urged by parties in support of their case - In absence of any application of judicial mind to factual and legal..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings made in interlocutory applications like application for temporary injunction will not operate as res judicata in deciding issues at the stage of final disposal of a suit...........
