Limitation Act, 1963, Article 58 -- Limitation - Disability pension - Declaratory suit - The limitation for preferring the claim shall be the date when the decision of Medical Board is made and communicated to the party resulting in the disentitlement to disability pension...........
Pension Regulations for the Army, 1961, Regulation 173 -- Disability pension - Declaratory suit - Opinion of Medical Board not assailed - Nor plaintiff made any attempt to establish through any medical evidence that the illness had been on account of his military service - No medical opinion was brought again to show that the opinion of the Medical Board rendered in 1995..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Declaratory suit - Amendment of plaint - Petitioner had earlier set his claim while treating document relied upon as sale deed - Now while doubting that he may not succeed to establish said plea has sought to raise alternative plea after treating said document as a mortgage deed - Held, petitioner wants to substitute a..........
Hindu Law -- Declaratory suit that property in hands of father was ancestral property - Plaintiffs failed to adduce any documentary evidence to establish ancestral nature of suit land - Lower Appellate Court observed that in absence of documentary evidence, suit property is non-ancestral in nature - Father remained alive for six years after judgment and decree of Lower..........
Constitution of India, 1950, Article 227 -- Revisional jurisdiction - Execution proceedings - Attachment order - The order passed by petitioner against the judgment debtor specifically set aside - In the decree further ordered that plaintiff respondent would be treated as Laboratory Technician w.e.f 12.7.1982 and decree holder entitled to get salary of post of Laboratory..........
Easement Act, 1882, Section 15, 4 -- Easementary right - Right to passage - Relief cannot be granted unless the servient owner is impleaded as a defendant - A right of easement can be declared only when the servient owner is a party to the suit - The pleadings necessary for establishing a right of passage is different from a right of drainage or right to support of a roof..........
Amendment of law -- Clarification - Held that even if amendment of the law if it is clarificatory or declaratory in nature it would have retrospective effect...........
Evidence Act, 1872, Section 107, 108, 3 -- Preponderance of probability - Son of petitioner missing since 13.11.1995 who was having insurance policy and he was declared dead by a declaratory decree of a competent Court - It was not necessary for him or his family members to pay premium of his life insurance policy to keep it alive - Insurance Company was therefore not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Declaratory suit - Plaintiff claiming title and also to set aside sale deeds executed by defendant in favour of third parties - Amendment sought to seek preferential right u/s 2 of Hindu Succession Act on ground that he was co-sharer of suit land - Such preferential right can ordinarily be claimed within..........
Court Fees Act, 1870, Section 7 -- Court fee - Sale deed - For cancellation of sale deed ad valorem court-fee as per the valuation of the deed has to be paid - However, if plaintiff seeks a relief for declaration that sale deed is void ab initio and not binding upon him then a fixed declaratory court-fee has to be paid...........
