Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If interpretation of any of provision is involved, same can be urged only after completion of full trial and it cannot serve as ground for rejection of plaint...........
Labour -- Voluntary relinquishment of service - Back wages - Employee terminated from service only after the publication of advertisement in the newspaper requiring employee to report for duty, in which he failed to join - It is thus a case of voluntary relinquishment of service - Employee held not entitled to back wages for the entire period - However, having regard to..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Constitution of India, 1950, Article 14, 16, 142 -- Service - Payment of gratuity - Fixation of cut-off date - Challenge - Fixation of cut-off date for extending benefit of gratuity from a different date as compared to revision of pay-scale can neither be said arbitrary nor violative of Arts.14, 16 of Constitution - However, considering that very few retired bank employees..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - Brother of deceased PW6, stated that he last saw deceased with accused - However, said fact is not disclosed in FIR, rather PW6 did not convey the same to anybody despite disappearance of his deceased brother - Last seen theory not reliable - Story of prosecution is full of..........
Hindu Succession Act, 1956, Section 14 -- Property given to a female in lieu of her maintenance, which is in her possession on the date of coming into force of the Act, matures into full ownership by virtue of S.14(1) of the Act...........
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151 -- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........
Service -- Regularisation - Extension of benefit of regularisation to full time daily wagers who had completed 10 years of continuous service - Such benefit does not extend to part time employee...........
Partition -- Oral partition - Partition cannot be presumed merely on the basis of patta entries when factum of partition is not established by giving full particulars with reference to the same and also through reliable evidence...........
