Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21 -- Custody of child/children - Magistrate not empowered to grant permanent relief in respect of custody of children at the time of deciding application u/s 12 of the Act, as temporary custody cannot be interpreted to mean permanent custody...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable - If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek appropriate legal redressal by seeking relief of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........
Armed Forces Tribunal Act, 2007, Section 3(o) -- Service matter - Refusal of permanent secondment of appellant in Directorate General of Quality Assurance (DGQA) by Quality Assurance Selection Board (QASB) - Non-selection of appellant for permanent secondment was by a different organization i.e by QASB of DGQA - Said decision does not in any manner affect the service..........
Army Act, 1959, Section 27, 33 -- Aggrieved person - Refusal of permanent secondment of appellant - Present is not a case where any action of commanding officer or any superior officer of appellant was complained or questioned - S.27 of the Act thus, not applicable - Even appellant is not claiming any privilege conferred on persons subject to Army Act or by any other law..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings may unnecessarily lead to..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
