SECOND APPEAL-It is, open to the High Court to reframe substantial question of law or frame substantial question of law afresh or hold that No. substantial question of law is involved at the time of hearing the second appeal but reversal of the judgment and decree passed in appeal by a court subordinate to it in exercise of jurisdiction under Section 100 of the Code is impermissible without formulating substantial question of law and a decision on such question.
Civildigest
Jurisdiction of the Courts and res judicata
Courts to try all civil suits unless barred —The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Again A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
Stay of the suit —No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending before competent Jurisdiction.
Res judicata —No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Bar to further suit —Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
Foreign Decree- A foreign judgment by competent jurisdiction shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title
Limitation Act, 1963—Articles 64 and 65—Adverse possession—Co-owner—Permissibility—Sole possession by one co-owner is not sufficient—There must be open assertion of hostile title against the other.
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Sections 13 and 17—Enforcement of security interest—Jurisdiction of DRT with regard to post 13(4) events—DRT is entitled to question the action taken by secured creditor and transactions entered into by virtue of Section 13(4)—DRT has been vested with authority to even set aside a transaction including sale and to restore possession to borrower in appropriate cases—DRT has jurisdiction to deal with a post 13(4) situation—Action taken by a secured creditor in terms of Section 13(4) is open to scrutiny and cannot only be set aside but even status quo ante can be restored by DRT.
Civil Procedure Code, 1908—Order 39, Rules 1 and 2 read with Order 41, Rule 5 and Section 151—Injunction—By impugned judgment, High Court rejected interim applications filed by appellants seeking status quo and stay of execution of decree in a suit for declaration and injunction.
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Injunction-Prima facie case made out by appellant-Trust as to agreement for sale, which has to go to trial—Whether there was a concluded contract or not between appellant-Trust and the respondents is a matter of evidence and can only be gone into during trial of suit—Interim order is required to be passed to maintain status quo of suit property—Prima facie case is in favour of appellant-Trust
No equitable principle or estoppel can impede powers of the Court to determine an issue of law correctly in a subsequent suit which relates to another property founded upon a different cause of action though parties may be same.
Assistant Public Prosecutors (Qualifications, Method of Recruitment and Conditions of Service) Rules, 1974-We hold that the post of Assistant Public Prosecutor was Civil Post under the State in terms of Section 15 of the said Act 1985.
The age old tradition on the part of the States in appointing the District Government counsel on the basis of the recommendations of the District Collector in consultation with the District Judge is based on certain principles. Whereas the District Judge is supposed to know the merit, competence and capability of the concerned lawyers for discharging their duties, the District Magistrate is supposed to know their conduct outside the Court vis-a-vis the victims of offences, public officers, witnesses etc. The District Magistrate is also supposed to know about the conduct of the Government counsel as also their integrity.
This was done in spite of the clear provisions in the L. R. Manual laying down detailed procedure for appointment, termination and renewal of tenure and the requirement to first consider the existing incumbent for renewal of his tenure and to take steps for a fresh appointment in his place only if the existing incumbent is not found suitable in comparison to more suitable persons available for appointment at the time of renewal
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