Civil Procedure Code, 1908, Section 80(2) -- Leave u/s 80(2) CPC - In earlier suit leave u/s 80(2) CPC was obtained, though subsequently it was withdrawn due to change of legal position and a fresh suit was instituted on the same cause of action - Once requirement of S.80 CPC was compiled with in earlier suit based on same cause of action claiming same reliefs, there is no..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To satisfy the ingredients of "instigation" there must be action or conduct of the instigator which creates circumstances that leaves the deceased with no option except to commit suicide...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred by O.23.R.1(3) CPC...........
Army Act, 1959, Section 27, 33 -- Aggrieved person - Refusal of permanent secondment of appellant - Present is not a case where any action of commanding officer or any superior officer of appellant was complained or questioned - S.27 of the Act thus, not applicable - Even appellant is not claiming any privilege conferred on persons subject to Army Act or by any other law..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely for the reason that senior officer assigned some work to deceased, it cannot be said that there was any guilty mind or criminal intent - Exigencies of work and situation may call for certain action on part of a superior including stopping of salary of a junior officer for a month - That action simplicitor..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused arrested in a hurried manner after the day of incident from hospital - Police authorities in a unusual manner got accused discharged from hospital and kept him illegally confined for a day - Action of investigating authority in pursuing the case in the manner in which they have done must be rebuked - Such..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
Agreement to sell -- Suit for specific performance - Time essence of contract - Parties agreed that till the last day of month, terms of agreement would have to be complied - This does not mean that after last day mentioned in agreement, contract stands terminated - Cause of action will start only when contract was not honored by either of parties - Time therefore, was not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Plea of O.2.R.2 CPC - Cause of action for present suit for recovery of possession and earlier suit for permanent injunction are different - Plea of O.2.R.2 CPC does not apply...........
