Civil Procedure Code, 1908, Section 91 -- Public nuisance - Suit for declaration and mandatory injunction - Leave to institute suit - Suit initially filed without seeking leave of Court - But an application to this effect was made by plaintiff during pendency of suit and after allowing the same, suit instituted on the date when same is granted - No infirmity in approach of..........
Constitution of India, 1950, Article 14, 16, Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018, Section 4 -- Constitutional validity of Act of 2018 as amended in 2019 - Declaration of Maratha as social..........
Road Transport Corporation Act, 1950, Section 45 -- Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989, Regn. 3(1), 43 - Pension - Entitlement - Declaration of respondent/employees as surplus - Absorption of respondent in another State public enterprise - In earlier corporation only CPF scheme was covered but later Corporation both pension and..........
Prevention of Food Adulteration Rules, 1955, Rule 32(e) -- Prosecution for lacking in necessary declaration of lot/batch number - Barcode available on sample - Information as to lot/code/batch identification required for tracing manufacturer available in barcode - No useful purpose is going to be served by allowing prosecution to continue and it will be an abuse of process..........
Mutation -- On the basis of Will - Not permissible because revenue authorities have no jurisdiction to decide question of correctness of Will - Petitioner is at liberty to file a suit for declaration of title and permanent injunction...........
Specific Relief Act, 1963, Section 39 -- Suit for declaration and permanent injunction - Plaintiff clearly proving that his possession follows his title - Even, revenue and land records are in name of plaintiff - Revenue records of defendants based upon deed of conveyance without any title cannot stand in way of granting relief of mandatory injunction to plaintiff -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and recovery of arrears of rent/occupational charges - Decree of possession does not automatically follow a decree of declaration of title and ownership over property - Where a plaintiff wants to establish that defendant's original possession was permissive, it is for plaintiff..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claimed his exclusive right of management of suit temple on basis of customary rule of primogeniture - However, defendants challenged the claim of plaintiff, that there is no rule of primogeniture - Trial Court meticulously analyzed the evidence and held that plaintiff was not entitled to a decree..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
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..........
