Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Industrial Disputes Act, 1947, Section 11A -- Domestic inquiry - Misconduct - Termination - Preliminary issue for deciding legality of domestic enquiry not framed by Labour Court - Further, having found fault in domestic inquiry committed another error committed by Labour Court when it did not allow employer to lead independent evidence to prove misconduct/charge on merits..........
Industrial Disputes Act, 1947, Section 2(oo), 11A -- Retrenchment - Services of employee terminated by employer by way of punishment after holding departmental enquiry - Termination in question therefore, could never be regarded as retrenchment, as treated by Labour Court - Award of Labour Court and order of High Court affirming award of Labour Court set aside...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Service -- Termination - Cancellation of caste certificate - Appellant appointed on the basis of caste certificate issued to her - Since caste certificate of appellant is cancelled, order of termination was passed by Court below - However, appellant served as a Teacher and Vice president without any black spot in her service career for about 21 years - Neither appellant..........
Transfer of Property Act, 1882, Section 106 -- Lease - Merely because landlord accepted rent after termination of tenancy from tenant, but said amount appropriated and adjusted by landlord not towards rent but towards use and occupation charges of tenanted premises after termination of tenancy, it cannot be said that plaintiffs created a fresh lease in favour of defendant..........
Medical Termination of Pregnancy Act, 1971, Section 5, Constitution of India, 1950, Article 21 -- Medical Termination of pregnancy - Personal liberty - In the instant case, petitioner claims that it is injurious to her mental health to continue with pregnancy since there are severe foetal abnormalities noticed in her pregnancy - Therefore, it will be violative of her..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves..........
Transfer of Property Act, 1882, Section 115 -- Benefit of S.115 of the Act - Claimed by Sub-tenants - Termination of lease by lessor - DH/lessor terminated lease of suit property because of breach of terms and conditions of lease by JD - It is not a case of surrender of lease by JD, as it is a case of forfeiture or termination of lease by DH - Moreover, clause in lease..........
