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Friday, August 29, 2014

Appeal from dismissal on default


If an application under order 9 rule 13 of CPC for setting aside an exparte decree is dismissed, the aggrieved party can file an appeal against the decree itself on the ground that the material brought on record by the plaintiff was insufficient or the suit was not maintainable (2005) 3 SCC 427

Thursday, August 28, 2014

Recall of Ex Parte Order by Labour Court

Hindustan Tobacco Company v. First Labour Court, West Bengal , 1995 1 CHN 398 (Calcutta High Court)

 

An ex parte order passed by the Labour can be recalled by it under inherent powers to adopt its own procedure

 

But power of review is to be expressly conferred (2005) 13 SCC 777.

Sunday, August 24, 2014

How should courts consider judgments

In Haryana Financial Corporation v. Jagdamba Oil Mills [ 2002 (46) ALR 717 (SC).] , the Hon'ble Apex Court held that Courts should not place reliance on decisions without discussing as to how the factual situation fits-in with the fact situation of the decision relied upon

Value of CAG Reports

Arun Kumar Agrawal v. Union of India, (2013) 7 SCC 1 at page 24

68. We may, however, point out that since the report is from a constitutional functionary, it commands respect and cannot be brushed aside as such, but it is equally important to examine the comments what respective Ministries have to offer on the CAG's Report. The Ministry can always point out, if there is any mistake in the CAG's report or the CAG has inappropriately appreciated the various issues. For instance, we cannot as such accept the CAG report in the instance case.