Andhra Pradesh Civil Service Rules, 1963 -- Disciplinary proceedings - Quashing of - On ground of delay in concluding the departmental proceedings - High Court did not address to the nature of charges levelled against the respondent as also the explanation offered by the appellants in this behalf - Impugned judgment of the High Court held not sustainable and set aside -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decision of appeal without formulating substantial question of law - Judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment - Can be allowed even if error has occurred due to wrong pleadings - It is not necessary first to amend the pleadings...........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment - Error in pleadings - Not necessary first to amend the pleadings - Correction in judgment can also be made even if the error has occurred due to wrong pleadings...........
Civil Procedure Code, 1908, Section 20 -- Cause of action - Means every fact, which if transversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Proposed parties not connected to the suit agreement - Suits also pending in respect of the same property - Applicants allowed to be impleaded as a party - Suit pending in respect of the same property clubbed together with the present suit and to avoid conflicting..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Petition for ejectment from unauthorised possession over specific panchayat land - Collector ordered ejectment & payment of compensation - Appeal dismissed - Order challanged in writ petition - Civil suit qua land, shown in revenue record as Shamlat Deh - Decreed holding that land wrongly shown as Shamlat..........
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227 -- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 105(1), Order 37, Rule 3(5), 3(6), 4 -- Theory of `Dependent Order' - Applicability - Summary suit - Application for grant of leave to defend refused by Court - Final judgment and decree passed - Appeal not filed - Application under Article 227 filed - Order refusing leave to defend set aside -..........
Civil Procedure Code, 1908, Order 43, Rule 1(k), Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Refusal to set aside - Same challenged in appeal - Pending appeal suit also dismissed as abated - Not necessary to challenge judgment in suit in appeal...........