Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Phrase `Cause of action' means every fact which will be necessary for plaintiff to prove - It does not comprise every piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - What the Court has to consider is not whether plaintiff has a cause of action against defendant but whether plaint as framed discloses a cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - It is only if averments in plaint ex facie do not disclose cause of action or on a reading thereof, suit appears to be barred under any law, plaint can be rejected - In all other situations, claims will have to be adjudicated in the course of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether suit is barred under any law - At the stage of consideration of application U.O.7.R.11 CPC, stand of defendants in the written statement is altogether irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Claim of plaintiffs with regard to knowledge of essential facts giving rise to cause of action as pleaded will have to be accepted as correct, - Averments in plaint not disclosing that either of suits is barred by limitation so as to justify rejection of plaint U.O.7.R.11 CPC - Application..........
Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Service -- Departmental enquiry - Misconduct - Nothing on record to suggest that appellant `wilfully' suppressed the material fact that he was removed from service before completion of term of his deputation to mislead the respondents - However, appellant in normal course should have informed before rejoining that he has been removed from the post before the completion of..........
