Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Whenever an ad interim injunction is granted by dispensing with notice to opposite party, Court is expected to record reasons in writing for granting ad interim injunction for dispensing with notice, as such a course of action involves passing of adverse orders against a party who is not heard...........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Constitution of India, 1950, Article 226 -- Police protection - Petitioner without invoking or exhausting remedies available under CPC, approached police directly for protection - Such a course of action is per se unsustainable in law...........
Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Unauthorised construction -- High Court vide impugned order took appropriate action against unauthorized constructions across the city of Calcutta - It is thus, high time that High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law...........
Environment clearance -- National Green Tribunal (NGT) should act within contours of powers conferred on it which is S.15 of the NGT Act - Though such power would be available to a Court constituted under PMLA or to constitutional Courts, it would not be available for exercise by NGT, constituted to ensure effective and expeditious consideration of cases relating to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in same category as a non-earning individual for purposes of assessing amount of compensation because child was not engaged in gainful employment at the time of accident - In such a..........
