Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - There is not only delay but also amendment will cause serious prejudice to plaintiff as replacement of the words `tin roof' with `cement roof' would have wide impact on the stand of parties and relevant pleadings related thereto - Dismissal of application, upheld...........
Civil Procedure Code, 1908, Order 11, Rule 12, 14, Evidence Act, 1872, Section 65 -- Production of document - Dismissal of application U.O.11.Rr.12 & 14 CPC and allowing plaintiff to file photostat copy of sale agreement - Taking of document on record does not necessarily mean that document has become final as defendant can raise all objections regarding admissibility of..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Dismissal of previous writ petition by single word `dismissed' by a no, speaking order would not operate as constructive res judicata - Before a Court invokes rule of res judicata, Court has to be certain and in a position to return a finding that previous writ petition was dismissed on merits after..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable...........
Criminal Procedure Code, 1973, Section 397(3), 482 -- Dismissal of revision - There is no bar u/s 397(3) Cr.P.C. to exercise inherent jurisdiction u/s 482 Cr.P.C even if criminal revision is dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138 -- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and..........
Service -- FACT - Leave rules - Encashment facility - It is available even to employees who resign from service and who retire from service on attaining age of superannuation and even to those employees who die in service - Hence, word cessation of employment includes cessation due to any reason whatsoever other than dismissal for misconduct occurring in Cl.5.1 of Rules...........
Criminal Procedure Code, 1973, Section 397, 398 -- Revision - Revisionary power is exercised either by Sessions Court or by High Court - Dismissal of complaint by Magistrate u/s 203 Cr.P.C. may be assailed in a criminal revision u/s 397 Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 482 -- Dismissal of complaint u/s 203 Cr.P.C on merits - Second complaint on the same facts by same complainant not maintainable, particularly when order in first complaint was never challenged and attained finality...........
