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..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - Explanation furnished for the delay should be accepted as a rule rather than refusal particularly when inaction or negligence cannot be imputed to be deliberate or with mala fide intent...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence, Court has to first decide..........
Civil Procedure Code, 1908, Order 18, Rule 4, 1 -- Recording of evidence - Filing of affidavit evidence - Object of - Held, O.18.R.4 of CPC requiring parties to file affidavit as it caters to convenience of the parties and is aimed at expeditious disposal of cases - Procedure for adducing evidence in examination-in-chief as provided U.O.18.R.4 of CPC cannot defeat rule of..........
