Haryana Evacuee Properties Management and Disposal Act, 2008, Section 14 -- Jurisdiction of Civil Court - Civil Court shall have no jurisdiction to entertain any suit or proceeding in respect of any matter which the State Government or any officer appointed under the Act is empowered by or under the Act to determine - Even, no injunction shall be granted by any Court or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to correct name of mortgagor - Mistake committed in the plaint, does not appear to be an intentional error or an attempt to change nature of suit - Ordinarily a Court would not deny a bona fide and legitimate amendment - Moreover, while allowing amendment of pleadings, particularly..........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Principle of S.21 CPC applies to an application U.O.7.R.11 CPC - However, such objection has to be moved at the earliest - Even if there is no limitation prescribed, in the light of S.21 CPC it is required on the part of petitioners to raise objection at the earliest..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and general allegations devoid of material facts regarding commission of cruelty by wife levelled by husband - Husband failed to plead and prove specific instances of `cruelty' for decree of divorce prayed by him - Absence of material particulars in support of allegations made in..........
Service -- Air force - Theft and misappropriation of kerosene and diesel - No evidence on record to connect respondent to offence of illegal transportation of POL (Petrol, Oil & Lubricants) - Evidence on record shows that one Corporal `M' was actively involved in transportation of diesel barrels and loading and off loading in civil area - However, no action was taken..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to look into averments made in plaint, which alone are germane while exercising power U.O.7.R.11 CPC - In undertaking said exercise, Court is not expected to consider a particular plea and instead, averments made in plaint in entirety have to be taken to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Once averments made by plaintiff in amended plaint disclose a right to sue, plaint cannot be rejected for want of cause of action by undertaking a detailed analysis of averments made therein and going through documents filed by plaintiff with a tooth-comb to adjudge their correctness or..........
Service -- Forgoing offer of promotion - Benefit of higher pay-scale/increments - Petitioner concededly granted promotional scale/increments upon completion of 9 years, 16 years and 23 years of service on the same very post - However, order of promotion came to passed in 2014 much thereafter and which petitioner chose to forego - Under no circumstances can step of..........
