Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non-compliance with decree of restitution of conjugal right - Both the parties jointly filed a petition for restitution of conjugal rights and a decree was passed - However, neither party took steps to enforce the decree for restitution of conjugal rights and more than a year had passed without any such action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff "having no cause of action" and plaint "discloses no cause of action" are two different situations - When plaintiff would not have any cause of action for suit, suit would ultimately be dismissed but if plaint does not disclose any cause of action, plaint would be rejected...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Jurisdiction of Court - Suit based on promissory note can be filed where defendant resides or where cause of action arose - Decision of plaintiff to file the suit where cause of action occurred does not negate the jurisdiction of Court there...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Service -- Termination - Contractual employees are entitled to a fair hearing before any adverse action is taken against them, particularly when their service records are unblemished...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere allegation of harassment of deceased by another person would not suffice unless there is such action on the part of accused which compels the person to commit suicide...........
Live-in-relationship -- Protection to life and liberty - Mohammedan boy and a Hindu girl are in live-in-relationship and they wish to perform marriage - Since, there is no prohibition u/s 4 of Special Marriage Act to marry in between the respondents, State authorities directed to facilitate them to appear before Marriage Officer - If any hindrance is created by anyone,..........
