Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Commercial Courts Act, 2015, Section 12A -- Commercial suit - Provision of S.12-A of Commercial Courts Act - Law as to : (i) S.12A of the Act by is mandatory in nature and declaration of mandatory nature of S.12-A of the Act relates back to date of Amending Act; (ii) Any suit which is instituted under the Act without complying with S.12-A of the Act is liable to be..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Second application - Maintainability - Subsequent application seeking leave to deliver interrogatories was filed on a changed cause of action - It cannot be said that plaintiff is barred from making a second application on a subsequent cause of action...........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion expressed by an expert cannot be set aside by Court in an ordinary manner and Court shall leave the opinion subject to its proof by examining its author and by other means - Though, Court can opt for a second opinion, if facts of particular case absolutely warrant such a course of action without interfering or..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Where plaintiff had specifically reserved its rights in the first suit regarding his claim and further applied for leave before trial Court for filing a separate suit, which leave had been granted and when both the causes of action..........
Civil Procedure Code, 1908, Order 23, Rule 2 -- Withdrawal of suit - Granting leave to withdraw suit with liberty to file a fresh suit on the same cause of action - Does not extend the period of limitation - Fresh suit should be filed within the original period of limitation which was available to plaintiff and liberty granted in earlier suit cannot be taken advantage of..........
Protection to life and liberty -- Live-in-relationship - Petitioner No.1, 21 years old lady married to one man against her wishes and she constrained to leave matrimonial home and took shelter in house of petitioner No.2, whom she knows for last 3 years - Both the petitioners are living together against wishes of family members of petitioner No.1 - Direction thus, given..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiff had filed first suit seeking possession after tenanted premises were demolished - Right to claim damages for loss of property including goods and machines was available to plaintiff at that time - Plaintiff was required to obtain leave of Court before filing suit for damages subsequently -..........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Accidental Awards - Two awards were passed under first award a sum of Rs.3,06,000/- was awarded by petitioner to claimants under the head of permanent disability, Rs.24,000/- for loss of income, Rs.30,000/- for pain and suffering, Rs.10,000/- for special diet, Rs.20,000/- for transportation and..........
