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Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively. Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity. Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law.
Service Matters

Departmental Traps–The violation thereof, if any, by the investigation officer would not ipso facto vitiate the disciplinary proceedings. Writ–Administrative Instructions–Even if there has been any break of executive instructions that does not confer any right on the member of the public to ask for a writ against Govt.

2008(1) LAW HERALD (SC) 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta  Civil Appeal No. 5033 of…

Service Matters

Pay Scale–When a concession was extended as distinct from implementing a specific recommendation of the Pay Commission with reference to a particular period of time, it is open to the Govt. to provide that the benefit it proposes to give, would be available only from a notified date. Cadre–Merger of Cadre–Court cannot issue direction for merger of cadre.

2008(1) LAW HERALD (SC) 477 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2468-2469 of 2005…

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