Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Jurisdiction - Accident occurred in Assam - Claimant totally crippled and unable to prosecute his claim in Assam - Claimant allowed to withdraw present petition and file fresh claim petition at Pune...........
Constitution of India, 1950, Article 166 -- Government decision - Order conveying decision dated 18.12.1989 by State Government - Merely because it is formally not expressed in the name of Governor in terms of Article 166 of the Constitution of India, the State itself cannot be allowed to resile or go back on that decision - Mere change of elected government does not..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Advocate cannot withdraw his vakalatnama without leave of Court - Practice of Court discharging Advocate on mere filing 'no instruction' deprecated...........
Civil Procedure Code, 1908, Order 3, Rule 4(2), Advocates Act, 1961, Section 34, Rule 1(b) -- Duties of engaged Advocate - Whether stood discharged by filing No instruction - No - Not to be discharged in that manner - Can be determined only with leave of Court on written request by client in view of O.3.R.4(2) or if advocate wishes to withdraw his appearance by written..........
Education -- Admission - Fees refund - Admission in PGDCA - On his selection to M.C.A. complainant-respondent made request for refund of fees - Prospectus issued by the OP provided that in a department where fees are charged for the whole course in advance, a student who after admission is permitted to withdraw his name, shall not be entitled to refund of fees - Held that..........
Voluntary Retirement Scheme of Punjab and Sind Bank -- Voluntary retirement - Whether respondent who earlier opted for voluntary retirement scheme could be permitted to withdraw therefrom after having received the payments under the scheme? - Held that the principles of estoppel applies to the facts of the case - The conduct of the respondent indicates his knowledge about..........
Civil Procedure Code, 1908, Order 23, Rule 3(a) -- Withdrawal of suit - Existence of formal defect - Permission to file fresh suit sought - `Formal defect' implies defect in suit which cannot be cured by amendment - Refusal of permission to withdraw suit on ground that alleged formal defect in plaint could be cured by amendment of plaint - Not proper - Trial Court cannot..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration against Bank that amount shown as withdrawn from his account is not withdrawn by him and that Bank was negligent in allowing unauthorised withdrawal on withdrawal slip bearing forged signatures - Simplicitor suit for declaration is maintainable without seeking further relief of payment of amount of disputed..........
Rent and Eviction -- Co-owners - One of the co-owners can file a suit for eviction of a tenant - One of the co-owners cannot withdraw his consent midway the suit so as to prejudice the other co-owner...........
Housing -- Flat - Non allotting of semi finished flats for ten years - OP offered finished flats but complainant neither opted for finished flats nor applied for cancellation of the registration and refund of the registration amount - Merely because semi finished flats not offered it cannot be treated deficiency in service - OP decided to withdraw the scheme or to modify..........
