Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Defamation -- Suit for damages - Doctrine of qualified privilege - In a civil defamation case, it is not necessary to prove intention or malice - Where communication is protected by qualified privilege, absence or presence of malice becomes decisive and plaintiff has to prove express malice...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court is not expected to reassess entire evidence as if it were hearing a regular appeal - Interference is justified only if findings of Courts below are shown to be perverse, unsupported by evidence or based on an incorrect application of law...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Neither consent nor waiver can cure defect of inherent lack of jurisdiction and consent of parties cannot operate to confer jurisdiction on a Court which has no competence to try it...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Territorial jurisdiction can always be assumed by Court when such an objection is waived by party on principles laid down in S.21 CPC - Independently of S.21 CPC, defendant may also waive objection as regards a defect in territorial jurisdiction and will be subsequently precluded from taking objection...........
