Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........
Constitution of India, 1950, Article 227, 12 -- Writ petition - Maintainability - Order of termination of teacher by Managing Committee of private School - Teacher of a privately managed school even though financially aided by State Government or Board, cannot maintain a writ petition against an order of termination from service passed by Management Committee, as such..........
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 37(6) - - Termination order - Order set aside by High Court as requirement of R.37(2) of the Rules not fulfilled - Non-submission of enquiry report as per R.37(6) of the Rules - Report of Enquiry Committee was duly signed by all three members - Two members concluded that charges were duly..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Supreme Court vide its order prohibits any building activity leave alone building construction at the suit premises in question - However, no specific direction was passed as to status of structure that was in existence on the date of judgment and whether that structure be..........
Civil Procedure Code, 1908, Section 11, 96, Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Res judicata - Official respondents after extending contract with respondent no.1 i.e. fertilizer manufacturing companies cancelled further contract - Court gave order for renewing the contract - No adjudication has taken place on the merits - Earlier..........
Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Cancellation of contract after extending period - Loss due to cancellation of contract - Liability - Damages - Agreement entered into between parties was determinable in nature and so no being enforceable contract at law - Compensation in terms of Specific Relief Act is an adequate remedy - So..........
Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of sole arbitrator - Work contract - Memorandum of Understating (MoU) entered into between parties clearly contains an arbitration clause - Dispute pertains to certain communication issued by University whereby purchase order in favour of petitioner executed in furtherance of MoU was kept in abeyance - On..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Extra marital affair of husband with his bhabi - Written statement and cross examination of wife do not support this observation - Making this as ground of mental cruelty is erroneous - Order dissolving marriage set aside...........
