Issue for Consideration Issue arose whether the decree of specific performance passed by the court of first instance directing for the execution of sale deed on deposit of the balance sale consideration within three months would be inexecutable for the reason that the balance sale consideration Act,1963 – s.28 – Code of Civil Procedure, 1908 – Ord. XX r.12A – Specific performance – Executability of conditional decree – Non-deposit of balance sale consideration within stipulated time – Defendant-appellant entered into agreement to sell the
Issue for Consideration Issue arose as regards the correctness of the order passed by the High Court in the Second Appeal filed by the defendants, whereby the judgment passed by the first appellate court was upheld and the decree of the specific performance as passed in first – Relief of – Agreement to sell between the parties – Suit for specific performance of an agreement to sell filed by the plaintiff, dismissed holding that the plaintiff failed to prove his continuous readiness and willingness to perform his part of the contract, but decreed
Issue for Consideration Issue pertains to the execution of a compromise decree passed in a civil suit; and whether the executing court can go beyond the decree and has to execute the decree as it stands without making any modifications therein. Headnotes† Code of Civil Procedure, 1908 by the Court executing decree – Execution of a compromise decree passed in a suit – Defendant-respondent became decree holder and the plaintiff-appellant became judgment debtor – Executing Court in the execution petition modified the compromise decree by varying the
Issue for Consideration Whether the appellant is guilty of the offences u/ss.302 and 498A of IPC and whether the sentence (two years of simple imprisonment along with fine of Rs.2,000/- and in default in payment of the same, with a further three months of simple imprisonment u/s.498A IPC and to him is justified. Headnotes† Penal Code, 1860 – ss.302 and 498A – Allegation against appellant that he poured kerosene on his wife, lit a candle and threw it upon her – Victim died due to severe burn injuries – FIR registered u/ss.302 and 498A – The
Issue for Consideration Whether in the facts and circumstances of the case, the sale in favour of the Appellant was without notice; whether the sale in favour of the Appellant can be brought within the purview of pendente lite, given that the arbitral award is for the recovery the Appellant is a transferee pendente lite/post arbitral award purchaser, and is barred by Or.XXI r.102, CPC from resisting the execution. Headnotes† Code of Civil Procedure, 1908 – Or.XXI r.102 – Transferee pendente lite/post arbitral award purchaser barred by Or.XXI r.102
Issue for Consideration Whether the employees of Heavy Water Plant, Department of Atomic Energy, Government of India, Tuticorin (“HWP”) are covered by the provisions of the Payment of Gratuity Act, 1972. Headnotes† Atomic Energy Act, 1962 – CCS (Pension) Rules, 1972 – s.2(e) – Retired employees of HWP employees governed by the CCS (Pension) Rules, 1972 claimed higher gratuity benefits under the PG Act – Controlling Authority held that the provisions of the PG Act are attracted to the employees of HWP, and directed to pay the difference of
Issue for Consideration The controversy centres around the disputed circumstance, namely, the power of agency given by the plaintiff to the 1st Defendant through Exh.B-2. Whether the documentary evidence in Exh.B-2 satisfies the requirement of law and whether it is fudged with Procedure, 1908 – ss.100 and 103 – Evidence Act, 1872 – s.85 – Registration Act, 1908 – s.33 – On 31.07.1998, the plaintiff executed a Power of Attorney (PoA) in favour of the 1st defendant – The Plaintiff is the 1st Defendant’s sister – The
Issue for Consideration Whether part time contractual instructors/teachers appointed in Upper Primary School in the State of U.P. are entitled to revision of their honorarium of Rs.7,000/- per month which was fixed for a contract period of eleven months or would continue to receive the same fixed honorarium for years together or for all times to come without any increment. Headnotes† Right of Children to Free and Compulsory Education Act, 2009 – Samagra Shiksha Scheme (subsumed the earlier Sarva Shiksha Abhiyan) –
Issue for Consideration Matter pertains to the dispute regarding the custody of two minor sons born to the appellant-husband and the respondent-wife. Headnotes† Guardians and Wards Act, 1890 – s.25 – Custody of minors – Appellant-husband and respondent-wife, both Indian – Matrimonial dispute between them, culminating in divorce and the custody of the minors given to the wife while guardianship given to the husband by the Qatar court – Allegedly, the wife removed the minors from Qatar to India during their academic session, without the knowledge and
Issue for Consideration Issue arose as regards the preliminary objection on the maintainability of the conciliation proceedings and the consequential reference of the industrial dispute; whether the Conciliation officer was correct in admitting the application made u/s.12 of the Union having raised the dispute with the Management first; and whether the reference is illegal for want of a prior demand before the Management. Headnotes† Industrial Disputes Act, 1947 – s.12 – Contractual labour – Absorption – Appellant-Management engaged in
Issue for Consideration Issue arose whether directing workers working through a registered contractor either for continuation or regularisation is completely illegal; and as regards the applicability of s.33(1) of the ID Act. Headnotes† Industrial Disputes Act, 1947 – ss. Contract Labour (Abolition & Regulation) Act, 1970 – s.2(1)(b) – Complaint by workmen alleging unfair labour practices and sought direction to the Management Company to pay compensation to the tune of equal amount of wages due to each of the complainant – Industrial Tribunal
Issue for Consideration Whether a daughter-in-law, who becomes a widow after the death of her father-in-law, is a dependant upon the estate of the father- in-law, and entitled to claim maintenance from his estate. Headnotes† Hindu Adoptions & Maintenance Act, 1956 – Chapter III, A daughter- in-law became widow after death of her father-in-law – She is dependent upon the estate of father-in-law – Whether she is entitled to claim maintenance from her father-in-law’s estate – Whether the words “any widow of his son” would mean
Issue for Consideration Issue arose whether Heavy Earth Moving Machinery or special services vehicles or any construction equipment vehicles such as Dumpers, Loaders, Excavators, Surface Miners, Dozers, Drills, Rock Breakers etc. are “motor vehicles” within the ambit of s.2(28) of the and are liable to be taxed under the Gujarat Motor Vehicles Tax Act, 1958. Headnotes† Gujarat Motor Vehicles Tax Act, 1958 – s.3(1) – Motor Vehicles Act, 1988 – s.2(28) – Motor Vehicles – Road Tax – Heavy Earth Moving Machinery or special services
Issue for Consideration Whether the Division Bench of the High Court in exercise of powers u/s.37 of the Arbitration and Conciliation Act, 1996 was justified to interfere with the judgment and order of the Single Judge of the High Court passed u/s.34 of the Arbitration and Conciliation the award of the Arbitral Tribunal. Headnotes† Arbitration and Conciliation Act, 1996 – Major Port Trust Act, 1963 – The respondent-Tuticorin Port Trust undertook a major dredging project and issued Notice Inviting Tender – The appellant-Dredging India was one of the
Issue for Consideration Under challenge in these appeals is the judgment and order of the High Court dated 21.02.2022 setting aside the order of the court of first instance permitting impleadment of the appellant as one of the defendants to the suit. Headnotes† Suit – charges – A suit was instituted by respondent nos.1 and 2 against respondent no.3 for the recovery of service charges – Notice was served upon sole defendant i.e., respondent no.3 but no one appeared – The Court proceeded ex-parte – Thereafter, the appellant filed an