Service -- Claim of retiral benefits - Merger of PEPSU Roadways to PEPSU Road Transport Corporation - Respondents were originally appointed in PEPSU Roadways on temporary basis - Services of respondents were transferred to Corporation on merger of PEPSU Roadways to PEPSU Road Transport Corporation - Respondents accepted such merger and alteration of their service..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property in question if it is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons the other spouse in a state of temporary passion in anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion, as quality of permanence is one of the essential elements which differentiates desertion from wilful separation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation - Trial Court to decide suit as expeditiously as possible and preferably within a period of three months - Any alienation made by defendant shall be subject to result of suit and proposed purchaser must be appraised of the dispute involved in the suit and objections raised by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful...........
Service -- Appointment - Post of District & Sessions Judges Grade II in Fast track Courts on temporary basis - Claim of seniority - Appellants appointed by Promotion from Civil judges to the cadre of District and Sessions Judges, Grade II - Appointments in respect of Fast Track Courts are ad hoc in nature and no right accrues to such recruits promoted/posted on ad hoc..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Criminal Procedure Code, 1973, Section 439 -- Murder case - Interim temporary bail - Female accused delivered a child in jail hospital - Motive attributed to accused for killing her mother-i, law would be debatable issue at trial - Chances of tampering with evidence is not much as complainant is none else but son of deceased - Bail granted - It is ordered that accused..........
