[2/12, 18:23] Cpc G. Surya Narayanan Mhc Advt: Section 11, order 16 rule 1, order 39 rule 1
2011(5) SCJ 570
Ramrameshwari Devi & others vs Nirmala Devi & others
When question of title has been determined by High court and confirmed in Supreme Court, trial court ought not to frame such issue on principle of resjudicata- better course is to issue short notice and parties should be imposed heavy cost for vexatious litigation
Section 148A; order 41 rule, 11,12, 22
2011(5) SCJ 63
Mahadev Govind Gharge & Others vs Special Land Acquisition Officer
Caveat or has a right to be heard before any interim order is passed – appellant appeared cannot claim period of limitation mentioned only on service of fresh notice of appeal in required format- court normally condone delay in cross objection unless unable to show reasonable or sufficient cause
[2/13, 17:42] Cpc G. Surya Narayanan Mhc Advt: 2011(5) SCJ 108
DR. SHEHLA BURNI AND OTHERS VS. SYED ALI MOSSA RAZA(D) BY LRS AND OTHERS
ORDER VII RULE 5,7
High Court granting Relief of possession when relief of possession / no relief sought for against 2nd defendant – High Court cannot grant relief against the provisions of the code.
2011(5) SCJ 100
U.P. AWAZ EVAM VIKAS PARISHAD, LUCKNOW VS. SHEO NARAYAN PUSHWAHA AND OTHERS
ORDER LXI RULE 11
Appeal under Land Acquisition Act dismissed summarily by non speaking order – order of High Court dismissing appeal should be sufficiently reasoned to disclose application of mind on grounds of appeal – dismissal of 1st appeal at preliminary hearing should be supported by brief reasons.