Service -- Armed forces personnel below officer rank - Pay structure - Modified Assured Career Progression (MACP) - Date of applicability - Intention of Government was clear that MACP which is part of pay structure will apply from 1.1.2006 - Said decision cannot be modified by issuing subsequent executive instruction, as administrative instruction is totally ultra vires..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering possession of plaintiff or dispossessing him - Demarcation reports as relied upon by plaintiffs disputed by defendants - However, demarcation reports clearly shows that demarcation is carried out strictly in accordance with law in presence of both the parties and none of..........
Rent and Eviction -- Eviction petition - Petition was maintainable when filed - Bar created by subsequent amendment - Proceedings initiated prior to amendment not affected by subsequent amendment...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Director - Quashing of proceedings - Petitioner neither signatory to cheques in question nor he was Director of Company on the date of issuance of cheques - Rather, he had resigned from his position long back, which was duly accepted - Continuation of proceedings against petitioner..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act not necessary to be filed alongwith filing of electronic record - Certificate can be filed at a subsequent stage...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question involved in subsequent suit for cancellation of sale deed as to whether petitioner had any right in property during life time of his father was already decided in earlier suit for permanent injunction - This would operate as res judicata - Subsequent suit dismissed being barred by res judicata...........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Once pleadings in previous suit have not been filed, bar of subsequent suit U.O.2.R.2 CPC cannot be examined...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Once act of domestic violence committed, subsequent decree of divorce will not absolve liability of husband from offence committed or deny benefit to which aggrieved person is entitled under the Act...........
