Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
Service -- Pension - It is a continuous cause of action - Retirement age was 60 years but employee was retired at the age of 58 years - Order of High Court that appellant will not be entitled to any arrears of pension and pension at the revised rates will become payable only from lst January, 2020 - Impugned order set aside - Appellant shall be entitled to pension at the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC would operate only against individual plaintiff and not against his successor in title, as they would have continuous cause of action - Subsequent suit held, not barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Relief u/ss 17 to 22 of the Act - Limitation - There is no limitation prescribed under the Act to institute claim seeking relief u/ss 17 to 22 of the Act - Moreover, providing maintenance is a continuous cause of action and even if wife did not claim maintenance for herself or her..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - Complaint alleging continuous torture by son and his wife - However, no action as such has been taken - It was expedient on part of SDO to have started action u/s 22 of the Act - SDM/SDO who exercises powers under the Act, has..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
