Civil Procedure Code, 1908, Section 100 -- Second appeal - Hearing of second appeal is open for any other substantial question of law, even if not formulated earlier, only in exceptional cases and for strong and convincing reasons, to be specifically recorded by High Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Issuance of interrogatories - Dismissal of application - Rules and Orders of High Court specifically stipulating that any such application for the service of Special Kanungo or Patwari Moharrir for preparing excerpts has to be moved only Court of law, naturally petitioner had no other choice but to do so and therefore, trial..........
Service -- Banking service - Re-fixing of salary - Salary fixed of all officers of Public Sector Banks in a no, discriminatory manner keeping in view cost of living Index - High Court committed error in law by setting aside reduction in salary of respondent under re-fixation of salary - There is reasonable basis of reduction of salary - Moreover, there was no promise ever..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Interpretation of any terms and conditions of a document such as agreement to sell constitutes substantial question of law - High Court should first frame appropriate substantial question(s) of law then decide second appeal on merits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Determination of paternity of plaintiff main issue involved in the suit - Reference to scientific testing in such situation cannot be considered a `roving enquiry'- DNA testing is not a violation of any fundamental right and while any person cannot be forced to undergo such test, an adverse presumption against him..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulating substantial question of law - Even when findings of trial Court and First Appellate Court are perverse it is obligatory to first formulate appropriate substantial question of law then deal with the same after giving an opportunity of hearing to both sides...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
