Service -- Resignation - Accepted - By another letter of same date appellant informed that his casual leave had been sanctioned and he will be relieved thereafter - In the meantime appellant withdrew his resignation - Held, since appellant was granted casual leave as such relationship of employer and employee did not come to an end - Appellant, held, was entitled to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Simpliciter suit for injunction - Defendant setting up plea of exclusive possession - If permission is granted to withdraw suit and to file fresh suit for declaration and injunction right of defendant would be greatly prejudiced - Permission..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Memorandum of understanding between parties - Complainant thereunder to withdraw complaint - Complainant admitting execution of settlement and receipt of money thereunder - Complainant wanted to prosecute only on ground that he was to..........
Land Acquisition Act, 1894, Section 48 -- Land acquisition - Once possession is taken Government cannot withdraw from the acquisition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Self financing scheme - Escalation in price - In a self financing scheme, pricing is generally based on cost of construction unlike sale of houses after they are completed, in which cases pricing is generally market related - In the instant case estimated cost of a showroom and departmental store..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Cannot be quashed solely on the ground that Govt. has proposal to withdraw the prosecution...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At appellate stage - No explanation as to why an application not filed before trial Court seeking permission of Court to withdraw suit with liberty to file fresh suit - Trial Court on the basis of material available on record, decided the suit on merits against the plaintiff - After judgment and decree by..........
Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Jurisdiction - Accident occurred in Assam - Claimant totally crippled and unable to prosecute his claim in Assam - Claimant allowed to withdraw present petition and file fresh claim petition at Pune...........
Constitution of India, 1950, Article 166 -- Government decision - Order conveying decision dated 18.12.1989 by State Government - Merely because it is formally not expressed in the name of Governor in terms of Article 166 of the Constitution of India, the State itself cannot be allowed to resile or go back on that decision - Mere change of elected government does not..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Advocate cannot withdraw his vakalatnama without leave of Court - Practice of Court discharging Advocate on mere filing 'no instruction' deprecated...........
