Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Wrong Order -- Once original order is found to be wrongly passed then consequential order is also required to be set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Impleadment of a party - Consequential amendment in the plaint/cause title can be made - For such consequential amendment in the body of suit/cause title, no formal application U.6.R.17 CPC is required...........
Service -- Charge of neglect of duty - Order of compulsory retirement set aside by High Court and substituted it by an order of re-instatement with 50% back wages - Various allegations against respondent arise out of gross neglect of duty with respect to theft of railway property - Said charge found to have been proved by Disciplinary authority, appellate authority and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 313, 314, 316 -- Quashing of FIR - Offence u/ss 313, 314, 316 IPC - Considering gravity of offences and nature of allegations of aborting the female child and consequential loss of life of expecting mother does not call for interference u/s.482 Cr.P.C. for quashing of FIR - Power u/s 482 Cr.P.C...........
Service -- Punishment of dismissal from service - Allegation of corruption - Punishment of dismissal from service is far from disproportionate to charges of corruption, fabrication and intimidation which have unanimously been proven against appellant - Appellants actions would most probably have caused huge consequential losses to department concerned - Given the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........
Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2017, Section 3, Constitution of India, 1950, Article 16, 145, Supreme Court Rules, 2013, Order 12, Rule 3 -- Promotion - Reservation - Scheduled caste and scheduled tribe candidate - Act of 2018 declared valid by..........
