Service -- Pension - Claim for - Delay - In the case of pension cause of action continues from month to month - However, in case there is unreasonable delay say three years then normally Court to reject the same or restrict the relief to a reasonable period of about three years...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Refund of fees - OP institution located at Kala Amb in Himachal Pradesh - Residence of principal which is outside the Himachal Pradesh cannot bestow on the learned District Forum the territorial jurisdiction - There is nothing on record to indicate that any cause of action had arisen..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plea is sustainable only if subsequent suit is in respect of same cause of action as that in which previous suit was based - Plea has to be established by filing pleadings of previous suit - Bar cannot be presumed on basis of inferential reasonings...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 34, Rule 14, 15 -- Mortgage of property for loan - Suit for attachment and sale - Suit is not barred by previous suit which was decreed for recovery of money based on loan transaction simpliciter or for enforcement of hypothecation agreement - Cause of action are different though they might have..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to create a bar - Without placing..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15 -- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for..........
Concealment of facts -- Concealment of fact of filing of earlier petition - High Courts to make Rules that in every petition it shall be clearly stated as to whether any earlier petition had been filed and/or is pending in respect of the same cause of action - It shall also be indicated as to what was the result of the earlier petition...........
Will -- Suspicious circumstances - No reason disclosed as to why the other natural heirs are excluded from the list of beneficiaries - No reason as to what prompted the testator to execute the Will, he being neither old nor having any ailment - The language of the Will reveals a professional hand, though alleged to be scribed by a novice - There is inter-spacing in the..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendence - Rest upon an equitable & just foundation that it will be impossible to bring an action or suit to a successful termination if a alienations are permitted to prevail - A transferee pendente lite is bound by the decree just as much as he was a party to suit - Principle of lispendens being a principle of..........
Insurance claim -- Repudiation - Driving licence fake - Insurer has failed to discharge the burden that the owner employed or permitted a person fully well that he did not have driving licence - Out of two licences possessed by driver one was fake and other genuine - In case any action for keeping two licences is to be taken, it could be against the driver found to be..........
