Co-owner -- Eviction petition - One co-owner can file suit for eviction against a tenant if there is no opposition of the other co-owners/co-landlords - However, when other co-owners oppose termination of tenancy then ratio of the judgments of Supreme Court in the case of Sk.Sattar Sk.Mohd. Choudhari applies which lays down that when there are various..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
Contract -- Termination - Power purchase agreement - Delay in commissioning the project - Delay occurred due to unavoidable circumstances like resistance faced at allotted site and subsequent change of location of project - These circumstances though not a force majeure event, time taken by respondent in change of location and construction of plant have to be kept in view..........
Service -- Termination - Post of Veterinary Compounder - Prior approval of competent authority was not taken before issuance of appointment letter to respondent, which is essential requirement - Act of commission and omission of then Director in charge would therefore, suffer from vice of lack of authority and nullity in law - Appointment of respondent not in conformity..........
Service -- Termination order - Opportunity of hearing before issuance of order of termination - Just and tangible reasons were mentioned in said subject office order as to why appointment of respondent is illegal - Finding of High Court that subject office order was vitiated merely because it was issued without notice or lack of opportunity to respondent set aside...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Industrial Disputes Act, 1947, Section 11A -- Domestic inquiry - Misconduct - Termination - Preliminary issue for deciding legality of domestic enquiry not framed by Labour Court - Further, having found fault in domestic inquiry committed another error committed by Labour Court when it did not allow employer to lead independent evidence to prove misconduct/charge on merits..........
Industrial Disputes Act, 1947, Section 2(oo), 11A -- Retrenchment - Services of employee terminated by employer by way of punishment after holding departmental enquiry - Termination in question therefore, could never be regarded as retrenchment, as treated by Labour Court - Award of Labour Court and order of High Court affirming award of Labour Court set aside...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
