Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Kerala Land Reforms Act, 1964 -- Resumption of lands - As per respondents/official, petitioners illegally obtained Pattayams through fraudulent manner and property is still under ownership of State - As per evidence on record no such Pattayams were issued by revenue department and documents produced by petitioner are fabricated documents obtained with assistance of officer..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff can file a fresh plaint in respect of the same cause of action...........
Limitation Act, 1963, Article 72 -- Suit for recovery by way of damages - Limitation - Limitation for filing suit for damages is one year from the date of cause of action...........
Cause of action -- Issue may be decided either in favour of plaintiff or against plaintiff but that does not necessarily mean that there was no cause of action for suit. merely because issue raised by plaintiff was not decided in his favour...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of money to son by senior citizen - If money is transferred on condition that transferee on its transfer would provide basic amenities and physical needs to the transferor, such transfer is attracted for the purpose of action u/s 23 of the Act...........
Service -- Misconduct - Respondent was promoted to higher category as Manager of Bank, while discussions of misconduct on the part of respondent were going on in Bank - He was also permitted to cross efficiency bar - Surely, if Bank was serious about proceeding against respondent for misconduct, they would not only have taken prompt action in issuing charge sheet, but..........
Electricity Act, 2003, Section 126, 135 -- Unauthorized use of electricity - Once Board detects case of unauthorized use of electricity by any consumer, Board gets cause of action to proceed against any person/consumer u/s 126 and/or 135 of the Act - Both Ss.126, 135 of the Act are independent in all respects and provide different kind of liability and consequences, as one..........
