Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Service -- Misconduct - Disciplinary proceedings and criminal proceedings - Departmental proceeding pending criminal trial would not warrant an automatic stay unless a complicated question of law is involved...........
Service -- Misconduct - Disciplinary proceedings and criminal proceedings - Stay of disciplinary proceedings - Delinquent employee unable to show how initiation of criminal proceedings or simultaneous continuation of both proceedings prejudiced him - Even, no specific plea of postponement of disciplinary proceedings awaiting conclusion of a criminal trial was made - It is..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Stay of eviction petition on the ground of pendency of civil suit - For stay of subsequent suit, litigation have to arise out of civil suit - In the instant case proceedings in civil suit and eviction petition are neither directly nor substantially the same as in civil suit title of property is to be..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter in both the suits is not one and same - Cause of action in former suit is different from cause of action in subsequent suit - It cannot be said that issue in subsequent suit is directly and substantially in issue in previously instituted suit - Plaintiff not party to the previously..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, would apply only in cases where whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC referable to a suit instituted in civil Court and it cannot apply to proceedings of other nature instituted under any other statue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, will not apply if a few matters in issue are common rather same would apply if entire subject matter in controversy is same...........
