Punjab Home Guards Rules, 1963, Rule 27 -- Dismissal from service - Quashing of impugned order - Nature of appointment and status of Home Guards Volunteer is not a civil service as it could not be considered to be permanent, temporary, ad hoc or daily wages employee - Service is a volunteer service - But services are governed by provisions of Punjab Home Guards Act, 1947..........
Service -- Seniority inter se - Dispute between direct recruits and promotee deputy collector - Where initial appointment of promotees is on ad hoc basis and not according to Rules and made as a stop gap arrangement, officiation in such post cannot be taken into account for determining seniority...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fees - Money suit - Where plaintiff himself has specified the amount of his claim in the plaint, he is liable to pay ad valorem Court fee upon this claim at first instance...........
Court Fees Act, 1870, Article 1 - - Ad valorem Court fee - Agreement to sell - Suit for possession, declaration and cancellation of agreement to sell - Plaintiff is executant of agreement seeking cancellation of agreement to sell - He is required to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for damages - Claim of Rs.20 Lakhs as damages - Plaintiff liable to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
