Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Basic question to be decided while dealing with an application filed U.O.7.R.11 CPC, is whether a real cause of action has been set out in plaint or not...........
Armed service -- Departmental proceedings - There is no bar for departmental action after exoneration in Summary Court Martial...........
Indian Penal Code, 1860, Section 304A, 288 -- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved in manual labour of carrying..........
Land Acquisition Act, 1894, Section 11A -- Land acquisition proceedings - Lapse of - Stay of proceedings - Period of stay over action or proceedings by Court, has to be excluded in computing statutory period of two years in passing of an award u/s 11 of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred after verbal exchange between accused and deceased - Provocation for committing offence in heat of moment cannot be ruled out - Only one gun shot was fired on deceased - Deceased ran 35 to 40 feet before collapsing - Accused had ample opportunity of finishing him off by firing more than one..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A mere contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that plaint discloses cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Sale of property, of which ownership derived, by partition and memorandum of partition - Partition and memorandum of partition not denied - Claim of right of pre-emption or repurchase - Sale of property of which ownership derived by partition and memorandum of partition are legal rights..........
