Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Rent and eviction -- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax - Default on the part of tenant is clear and evident -..........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Agreement to sell -- Specific performance - Plaintiff not found guilty of breach of contract but denied specific performance on ground of lack of financial capacity - Defendant not proved that any loss was caused to them on account of breach of contract by plaintiff - Held, plaintiff is entitled to recover Rs.13.50 lakhs out of sum of Rs.14 lakhs paid as earnest money with..........
Agreement to sell -- Specific performance - Defendant denied the same by pleading it to be a security - Contents of agreement not proved by examining attesting witnesses, Stamp vendor and Deed Writer - Intention of parties for executing agreement not brought on record - Plaintiff miserably failed to prove readiness and willingness - Defendant admitted having received the..........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Objection - Claim of interest pendente lite - Decree for payment of money - Suit of plaintiff decreed with simple interest of 10% p.a till decretal amount is paid - Decree is silent so far as award of pendente lite interest - If Court intended that plaintiff is also entitled to pendente lite interest, it would have..........
Employee's Compensation Act, 1923, Section 30 -- Death - Relationship of employer and employee - Once respondent no.2 himself has denied relationship of employer and employee, should not have entitled Employees Compensation Commissioner to hold existence of relationship of employer and employee - Even, respondent no.2 admitted case of claimant who was his sister-in-law but..........
Suits Valuation Act, 1887 -- Appellant pleaded that bills and entries produced before Court were record of plaintiff only and there is no signatures on receipt on same on part of company or appellant - Company has not come forward to dispute supplies of material to it or to deny bills raised against it - Trial Court has rightly held that bills and entries of accounts..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence Failure to deposit rent - Dispute between father, son and daughter-in-law - Father claimed himself to be owner of suit house and respondents are residing in a part of suit house as licencees - However, respondents denied their status as licencees and further their liability to pay any licence fee - Even..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
