Cpc G. Surya Narayanan Mhc Advt: Section 2(17) , 80, order 27 rule 5 A

[2/27, 18:07] Cpc G. Surya Narayanan Mhc Advt: Section 2(17) , 80, order 27 rule 5 A

2012(2) SCJ 846

Coal Mines P. F. Commr. Thr. Board of Trustees vs Ramesh Chandra Jha

Supreme Court holding CMPFC is public officer and section 80 is applicable- Trial court held suit not maintainable for non compliance of section 80- First Appellate court reversed findings- high court setting aside as the issue is already decided by Supreme Court

Order 6 rule 17

2012(2) SCJ 436

J. Samuel & others vs Gattu Mahesh & others

Amendment of plaint- held, two conditions, no injustice must be done to other side, secondly, amendment necessary to determine real question in controversy between parties- application to include pleading for section 16(c) Specific Relief Act as omitted due to typo error- trial court dismissed the application and high court allowed revision- held, situation is lack of due diligence- act of negligence to perform an obligation cannot be called typo error
[2/29, 10:48] Cpc G. Surya Narayanan Mhc Advt: Order 21 rule 9, 97 to 101

2012(2) SCJ 1003

C. Shakunthala & others vs H. P. Udayakumar & another

1st respondent set up title in execution petition after original tenant failing to vacate as per undertaking- 1st respondent with 2nd respondent filed another application opposing execution- contempt initiated for abuse of process of law- appeal challenging dismissal of contempt- prima facie conclusion charges to be framed as contempt made out cannot be ignored by co-ordinate bench

Order 41 rule 24

2012(2) SCJ 273

Divya Exports vs M/s.Shalimar Video Company & others

On appeal before apex court, parties did not get effective opportunity to lead evidence when high court framed issue as to validity of ex-B-1- matter remitted to trial court to frame additional issues after considering pleadings and decide suit afresh