Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Compensation/compensatory pension - Appellants worked for 10 years and were discontinued due to discontinuation of posts which were held by them - Discontinuation of Fast Track Court cannot be treated as permanent abolition of post - Equity and justice demands that appellants should..........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Completion of qualifying service - Case of appellants are clearly covered u/r 27(1) proviso of Rules 1978 - According to said Rule, for actual service, period of 1/4th of length of service of appellants is a lessor period, which needs to be added in their service - By addition of..........
Service -- Ad hoc promotion - Regularisation of promotions in excess of eligible quota impermissible - When a final seniority list is to be drawn up, a call has to be taken as to the fate of the ad hoc promotions - Having regard to the decades of service they shall not be reverted in the process of implementation of the judgment - Incumbents who have already retired from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No injunction can be granted against true owner...........
Service -- Judicial service - Regularization - Ad hoc Additional Sessions Judge - Petitioners were appointed Additional Deputy Commissioners with powers of Additional Sessions Judge on contract basis - R.7 Proviso of State Judicial Service Rules never gave any mandate that petitioners had to be necessarily absorbed in regular service - Only right of consideration was there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance of convenience also not in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Objection as to maintainability of suit can always be raised while contesting the issue pertaining to prima facie case - Trial Court to deal with the objection while deciding application for ad interim injunction...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
Court Fees Act, 1870, Section 7(iv)(C) -- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
