Service -- Compassionate appointment - Employee was missing since 2002 - There was not any financial crises created immediately after employee went missing in view of employment of wife of deceased - Two sons of employee who are dependents of employee are also shown as dependents of their mother also - Application for compassionate appointment filed by son of employee in..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Enquiry report sought to be produced by plaintiff for proving fact that in 2015 defendant had blocked the passage leading to his house and same was subsequently opened with intervention of Police - However, since there is no specific detail of property in enquiry report, no fruitful purpose would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from craving out any passage/rasta thereby obstructing plaintiff's access to her residence - Prima facie case is in favour of plaintiff as per pleadings of parties, photographs and document available on file - Balance of convenience is also in favour of plaintiff - In case..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g) -- Wrongful dispossession - Allegation that accused not only blocked the passage of complainant but they have also encroached upon land belonging to complainant by erecting boundary wall - However, there is no evidence on record that land came to be occupied by accused after..........
Insolvency and Bankruptcy Code, 2016, Section 7, 33 -- Corporate Insolvency Resolution process - Liquidation of Corporate debtor - Appellant despite passage of almost five months has not been able to deposit an amount of Rs.50 crores in terms of understanding arrived at with CoC - Appellants thus, failed to abide by its obligations - Time is a crucial facet of scheme under..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - When time scheduled agreed to in between parties by passage of compromise decree becomes time allowed by Court - Civil Court gets jurisdiction even to extend time for payment fixed in award of Lok Adalat based on such compromise decree...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from closing passage - Suit property is subject matter of revenue records - Revenue records do not show existence of any passage at the place claimed by plaintiffs - Rather, record shows suit property exclusive holding of defendant, part of which might have been sold to other persons -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is not shown to have paid any part of cheque amount to complainant till date i.e after a passage of more than 19 years - He failed to render any justifiable explanation for his alleged false implication in case - Even, no mitigating circumstances has been brought to..........
