Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Contempt petition on account of breach of injunction order passed under Order 39 of CPC - Held, CPC itself takes care of situations arising on account of violation of order of injunction or disobedience or order or decree passed by Civil Court - In view of alternative remedy..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 3, Rule 1 -- Eviction sought by landlady, residing in Canada, through her attorney on ground of personal necessity - Tenant laid application under Order 3 Rule 1 Civil Procedure Code alleging that he has been told by his friend, living in Canada, that landlady is dead - However,..........
Civil Procedure Code, 1908, Section 130 -- Calcutta High Court (Original Side) Rules, 1914, Ch.13A, Rule 1 - Leave to defend - Suit for eviction - Defendant denied service of quit notice - Plaint does not disclose that any other mode of service was adopted except sending notice by registered post - Held, defendant has disclosed good defence against ejectment on ground of..........
Punjab Civil Services Rules, Volume II, Rule 2 2(b) -- Criminal proceedings - Retiral benefits - Withholding of - Under Rule 2.2 (b) of the Rules - Criminal proceedings were initiated against the petitioner while he was in service - Offences unrelated to the service of the petitioner - Neither there is any claim of causing loss to the Government nor there is any case for..........
Haryana Civil Services Rules, Volume II, Rule 2.2(b) -- Departmental proceedings - After the superannuation - Limitation - Projected loss during the period 22.12.1998 to 30.12.1998 - Charge sheet issued on 31.12.2002 - The losses would be beyond the period of four years and to that extent Rule 2.2(b) of the Rules would get attracted - Impugned order passed therefore..........
Punjab Civil Service Rules, Volume II, Rules 11 14, 11 17 -- A - Commutation of pension - Consent given by petitioner for commutation of his pension to 50% instead of 40% as already commuted - Though order sanctioning commutation issued yet amount not paid but monthly recovery as a result of commutation of pension started from pension - Despite repeated requests additional..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Petitioner filed civil suit and obtained injunction against his dispossession - During pendency of civil suit objections filed by him to execution petition filed by Landlord without withdrawing civil suit - Held, it is a pure and simple case of forum hunting on part of petitioner who has consumed..........
Motor Vehicles Act, 1988, Section 168, 176(6), Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 3, 137, Motor Vehicle Rules, 1989, Rule 10, 19 -- Accident - Claim petition - Procedure to be adopted in recording evidence - Held, not mandatory to adopt procedures provided in Civil Procedure Code - Tribunal can adopt summary procedure and dispense..........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 3 -- Gift deed - Challenged to be forged and fabricated document - Dismissal of suit - Appeal against - Conflict of oral evidence - Duty of appellate Court - Held, when there is a conflict of oral evidence on any matter in issue and its resolution turns upon credibility of witnesses, the general rule is..........
