Central Civil Service (CCA) Rules, 1965, Rule 11, 7 - - Revised pay scale - Fixation of pay - Promotion to post of Trained Graduate Teacher - Respondent was granted upgraded pay scale of ACP under Assured Career Progression Scheme w.e.f 10.8.2006 - He opted for revision of pay from that date - Pay of respondent thus, has to be fixed u/r 11 of Rules 2008, which deals with..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.Ten Lakhs - Compensation of Rs.12,69,000/- awarded after adding interest @ 9% from the date of issuance of cheque till date of delivery of judgment by trial Court - Held, said compensation shall further carry interest @ 9% per annum from the date of judgment of trial Court till actual payment..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75 -- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts..........
Criminal trial -- Correcting of typing or clerical error - Date of occurrence wrongly recorded in the statement of complainant - Subordinate Court is not powerless in making correction of a typographical error - Allowing such a correction does not involve change of cause of action. (S.B.Criminal Misc. (Petition) No.2915/2017, D/10.01.2019 followed)...........
Adverse possession -- Date of entry into suit land has not been mentioned - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts below after analyzing of evidence on record as well as pleadings, negative..........
Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence maintained by plaintiffs for about 12..........
Indian Penal Code, 1860, Section 498A, 354, 354B, 376D, 34 -- Harassment for demand of dowry - Allegation against sister of husband as well as her husband - No particulars about date, month or detail of said demand mentioned - Allegations not substantiated during investigation - Sister (Nanad) and her husband (Nandoi) discharged - Order upheld...........
