Banking service -- Bank Loan - For agricultural purpose - Respondent committing default in making payment loan amount - The appellant Bank held fully justified to recover the amount of the defaulted account from the other account of the account holder maintained in the appellant Bank - The appellant Bank held to have committed no deficiency in service by withdrawing the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The Principle of res-judicata comes into play when by judgment and order a decision of a particular issue is implicit in it, that is, it must be deemed to have been necessarily decided by implications even then the Principle of res-judicata on that issue is directly applicable - When any matter which might and ought..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - If an earlier judgment has to operate as res-judicata in the subsequent proceedings, then all the necessary facts including pleadings of the earlier litigation must be placed on record in the subsequent proceedings...........
Specific Relief Act, 1963, Section 6(2), 6(3) -- Suit for possession and injunction - Main relief in the suit sought by plaintiff was for possession u/s 6 of the Act - Relief of injunction only an ancillary relief - Suit dismissed - Appeal of plaintiff accepted - Defendant in second appeal - Held, appeal for its maintainability must have the clear authority of law - S.6(3)..........
Constitution of India, 1950, Section 109, Article 133(1)(a), Order 45, Rule 2, 3 - - Civil proceeding - Appeal to Supreme Court - Certificate by High Court - Grant of - Held, a certificate can be granted only if court is satisfied that case involves a substantial question of law of general importance and that question needs to be decided by Supreme Court - Existence of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission comprehends admission in pleadings or otherwise, orally or in writing - Court to satisfy itself that all the elements which constitute admission are present before granting a decree - Admission should be unambiguous, clear and unconditional...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - The scheme of decree on admission is to end the suit when enquiry and hearing can be dispensed with due to clear admission of facts which are the foundation and claim made by plaintiff...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Failure to deny - Denial with due explanation and without ambiguity - Cannot be regarded a case of lack of denial at all - A denial has to be seen ex facie, and not to be out on microscopic scrutiny and then by mincing with the words - Application dismissed...........
Patents Act, 1970, Section 108, Civil Procedure Code, 1908, Order 17, Rule 1(2) -- Patent infringement - Injunction - Suit on ground of infringement of patent, seeking relief to injunct defendant from selling its product - Matter remained pending in High Court at interlocutory stage for a long time due to grant or refusal of injunction - Apex Court, without touching merits..........
Evidence Act, 1872, Section 45 -- Expert opinion - Real function of the expert is to put before the court all the materials, together with reasons which induce him to come to the conclusion, so that the court, although not an expert, may form its own judgment by its own observation of those materials...........
