Cpc G. Surya Narayanan Mhc Advt: 2011(6) SCJ 681
[2/17, 17:05] Cpc G. Surya Narayanan Mhc Advt: 2011(6) SCJ 681
Section 9
Secretary, Sh.A.P.D. Jain Pathshala & others vs Shivaji Bhagwat More & others
Express or implied bar should be from statute- High court cannot in exercise of judicial review issue direction barring jurisdiction of civil court nor can create exclusive jurisdiction in forum like grievance redressal committee
2011(6) SCJ 348
Section 100 & 101
Umerkhan vs Bismillah @ Babulal Shaikh & others
Judgement of high court rendered patently illegal if second appeal is heard and judgement and decree appealed against reversed without formulating substantial question of law- judgement of high court does not indicate scope of second appeal kept in mind while hearing appeal
[2/19, 16:56] Cpc G. Surya Narayanan Mhc Advt: Order 6 rule 17; order 8 rule 6 A
2011(6) SCJ 3
Gayathri Women’s Welfare Association vs Gowramma & another
Setting up of counter claim after framing of issues permissible- pending appeal respondent sought recovery of possession by amendment- permitting counter claim in this case will amount to reopen of decree granted by trial court- there is no legal or factual basis for interference with decree of trial court
Order 12 rule 6
2011(6) SCJ 520
Himani Alloys Ltd vs Tata Steel Ltd
Suit for recovery of amounts based on accounts- high court found no admission as claimed by plaintiff- however enquired and found different amount as due- high court could not give judgement on such other admission not pleaded