Judgments - SPECIAL APPEAL DEFECTIVE
Raveesh Chand Jain Raveesh versus Raj Rani Jain
- The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination Full Judgment
SAI KRIPA MANGAL KARYALAYA & ORS. VERSUS NAGPUR MUNICIPAL CORPORATION & ORS.
In absence of the sanctioned plan, we are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme. the High Court was not justified in entertaining the so called Public Interest Litigation filed by persons who had personal dispute with respondent no.4. we Full Judgment
KRISHNA HARE GAUR Vs. VINOD KUMAR TYAGI AND ORS
-When the appointment is made de hors the rules, the same is a nullity. In such an eventuality, the statutory bar like doctrine of res judicata is not attracted. -"From the above, it is evident that even in judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away. In such an eventuality the questions of non-executing of the Full Judgment
MADHUKAR SADBHA SHIVARKAR (D) BY LRS. Vs. STATE OF MAHARASHTRA & ORS.
In our considered view, the orders impugned in the writ petitions which are affirmed by the High Court, are perfectly legal and valid and therefore, the same do not warrant interference by this Court in exercise of power of this Court under Article 136 of the Constitution, but on the other hand, the aforesaid orders of the State Government can also be traceable to executive power of Full Judgment
PUNJAB STATE POWER CORPORATION LIMITED VERSUS PUNJAB STATE ELECTRICITY REGULATORY COMMISSION & ORS.
An appeal under Section 125 of the Electricity Act, 2003 is maintainable before this Court only on the grounds specified in Section 100 of the Code of Civil Procedure. Section 100 CPC in turn permits filing of an appeal only if the case involves a substantial question of law- The appeal is, therefore, dismissed Full Judgment
M/S BENNET COLEMAN & CO.LTD. Vs. STATE OF BIHAR & ORS.
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.
In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment
M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX
-Looking at the peculiar facts of the case, in the interests of justice, we direct that upon payment of Rs. 25,000/- by way of costs to the sole respondent within two months from today, the impugned Judgment shall be set aside and Tax Appeal No. 3 of 2013 shall be restored to its original number and shall be heard on merits by the High Court. Full Judgment
M/S CONSTRUCTION & DESIGN SERVICES Vs. DELHI DEVT.AUTH
Once it is held that even in absence of specific evidence, the respondent could be held to have suffered loss on account of breach of contract, and it is entitled to compensation to the extent of loss suffered, it is for the appellant to show that stipulated damages are by way of penalty - The Full Judgment
KANDIVALI CO-OP. INDUSTRIAL ESTATE & ANR Vs. MUNICIPAL CORP. OF GREATER MUMBAI & ORS.
-Elaborating the distinction between the tax and a fee, this Court in number of decisions held that the element of compulsion or coercion is present in all impositions, though in different degrees and that it is not totally absent in fees. The compulsion lies in the fact that payment is enforceable by law against a man in spite of his unwillingness or want of consent Full Judgment
S.T. SADIQ Vs. STATE OF KERALA & ORS.
It is well-settled that if a statute requires an authority to exercise power, when such authority is satisfied that conditions exist for exercise of that power, the satisfaction has to be based on the existence of grounds mentioned in the statute. The grounds must be made out on the basis of the relevant material. If the existence of the conditions required for the exercise of the power is challenged, the courts Full Judgment
JITENDRA KHIMSHANKAR TRIVEDI & ORS. Vs. KASAM DAUD KUMBHAR & ORS.
Even assuming Jayvantiben Jitendra Trivedi was not self- employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the domestic work done by a house-mother. The services of the mother/wife is available 24 hours and her duties are never fixed. Courts have Full Judgment
INDIAN BANK Vs. MANILAL GOVINDJI KHONA
The issue raised by the respondent in the present case strikes at the very authority of the High Court in permitting the Court Receiver by its order dated 3.12.1999 to auction the mortgaged property of the respondent in public auction pursuant to the decree passed by the High Court in favour of the appellant-Bank. The above said important aspect of the case Full Judgment