Service -- Compassionate appointment - Lapse of time - Lapse of time can be a major factor for denying a compassionate appointment where the claim is lodged belatedly, but if any time limit has been prescribed for making an application and the claimant applies within such period, lapse of time cannot be assigned as a ground for rejection...........
Service -- Compassionate appointment - Lapse of time - Lapse of time can be major factor for denying compassionate appointment where claim is lodged belatedly - However, if any time limit has been prescribed for making application and claimant applies within such period, lapse of time cannot be assigned as ground for rejection...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - Rejection of application filed U.O.1.R.10 CPC is per se not a ground to reject application for leave to file appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For rejection of plaint, only contents of plaint have to be looked into and material produced by defendant be it in the reply to the application for rejection of plaint or otherwise is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is not a pure question of law and therefore, a plaint cannot be rejected on the ground of limitation alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of fraud has to be proved by leading evidence and plaint cannot be rejected at the threshold...........
