...examining the evidence led by the respective parties on the question of abandonment, it will be appropriate to keep in view in view the ingredients and implications of the doctrine of abandonment...is that the plaintiff's ancestors had abandoned their land many years ago and thereby they had effectively deprived themselves from claiming the land. If the plea of abandonment was not accepted, the.... (7) The courts do not presume in favour in favour of abandonment and the onus rests on the party asserting abandonment. It is, therefore, incumbent upon the party pleading abandonment to...

.... Having regard to the provisions as regards eviction and to the express terms of Section 87, it is manifest that there is considerable difficulty in maintaining the doctrine of abandonment outside the...that there has been an abandonment of the tenancy within the meaning of Dayamayi's case [1915] 42 Cal. 172. He proceeded in theory entirely upon abandonment and as a matter of fact, is...a question solely of abandonment. He has pointed out that the plaint spoke of abandonment and that there is no allegation of relinquishment or repudiation. He has found that, upon Dayamayi's case and...

..., on merits, the petitioner has failed to establish continuity of service beyond 1987. His prolonged and unexplained absence squarely attracts the doctrine of abandonment of service. Long unauthorised...Service Rules, abandonment of service is not an automatic consequence of absence and necessarily requires affirmative departmental action after issuance of notice and grant of...- employer cannot be permitted to treat the petitioner as having abandoned service. 8. Learned counsel further contended that the burden of proving abandonment squarely lies...

.... Issue: The Service jurisprudence, including the judicial precedents, recognizes the doctrine of abandonment: an employee voluntarily giving...been justified in disengaging the employee on the grounds of abandonment of service despite the employee's defence of illness? Introduction...services. While the employee continued his absence, the employer on 31.12.2007 deleted the employee's name from the gradation list, treating it as abandonment of service. The employee was disengaged...

...17.04 Admittedly this procedure has not been followed in this case. Therefore, the so-called doctrine of ‘abandonment’ put forward by the Managing Committee and upheld by the Vice Chancellor must be...deemed to have wilfully abandoned his service. Neither the counter filed by the Vice Chancellor nor that filed by the Managing Committee contains a satisfactory explanation of the term ‘abandonment...in the written contract there is any provision relating to implied abandonment of service. As already noted, in the resolutions of the Managing Committee dated 1.6.1980 6.7.80 and 19.4.1981 there is no...

...service jurisprudence, including the judicial precedents, recognises the doctrine of abandonment when an employee voluntarily gives up the service by continued absence from duty...situation, we declare that the case on hand is one to be treated as a voluntary abandonment of service. Absence from the duty initially may be a misconduct but when absence is for a very long period..., it amounts to voluntarily abandonment of service and no further orders are required to be passed by :8: the...

...service jurisprudence, including the judicial precedents, recognises the doctrine of abandonment when an employee voluntarily gives up the service by continued absence from duty...situation, we declare that the case on hand is one to be treated as a voluntary abandonment of service. Absence from the duty initially may be a misconduct but when absence is for a very long period..., it amounts to voluntarily abandonment of service and no further orders are required to be passed by :8: the...

...plaintiff's magazine. In any case the doctrine of abandonment would apply.7. At the end, it was submitted that the balance of convenience would be in favour of the defendant and against...A.K Sikri, J.:— By this order I propose to dispose of both the applications i.e IA 6940/2001 and IA. 7311/2001. LA 6940/2001 is filed by the plaintiff for ad-interim injunction whereas IA...7311/2001 is filed by defendant seeking vacation of injunction order dated 6-8-2001. Both the applications were therefore heard together.2. The suit filed by the plaintiff is for...

..., 947)”33. In Paal Wilson & Co A/S v. Partenreederei Hannah Blumenthal {(1983) 1 All ER 34}, the House of Lords explained the doctrine of abandonment in...relation to an arbitration agreement, as follows:—“(3) Since the doctrine of abandonment depended on the formation of a contract of abandonment (to which the normal rules of..., abandonment and frustration.(iii) The Arbitration Agreement is incapable of being enforced in view of Section 16 of the Specific Relief Act.(iv) Some of the defendants...

...ghost already laid to rest. Me doctrine of abandonment has been expressly invoked and recognised in Trilokchand Motichand v. H. B. Munshi...doctrine of res, judicator, namely, that there should be finality in litigation and that a person should not be vexed twice over in respect of the same cause or matter. In any case, the petitioner having...1. The petitioner is the owner of final plot No. 51 of Town Planning Scheme No. IV (Varied) of Maninagar (Manipur) at Ahmedabad. The said plot admeasures about 2662 sq, yds. In the year...

...the contract of insurance a contract of indemnity, and nothing more. Upon that principle is founded the whole doctrine of abandonment in our law, the underwriter engages, that the object of the...by the said policies. " by way of further defence the defendant alleged that no notice or no proper notice of abandonment of the said goods was given by the plaintiff and assuming that the plaintiff...provided by the policies ? 3. Did the plaintiff give proper notice of abandonment of the said goods to the defendant ? 4. Did the plaintiff fail to act with reasonable despatch as alleged in paragraph...

...present trend in Indian jurisprudence shall have to be read as an inbuilt requirement of the basics of concept of justice, to wit, the doctrine of natural justice, fairness, equality and rule of law.”60. A provision relating to abandonment of...disciplinary action, are governed by the Statute/Ordinance. In fact, no provision relating to abandonment of service has been inserted in the Ordinance as had been done by way of clause 10.5 in terms...deemed abandonment from service may be permissible in law, it is not disputed that an action taken thereunder must be fair and reasonable so as to satisfy the requirements of Article 14 of the...

...petitioners have agreed to withdraw this petition.”41. It was, therefore, contended that the doctrine of estoppel, waiver, acquiescence and abandonment would not apply having regard...approach till date. In these circumstances, it is difficult for me to accept the contention that the doctrine of abandonment, waiver and acquiescence is not attracted in this case. However, having..., why the Company Law Board should not presume that the appellant-company has abandoned its right and therefore, this petition is barred by the principles of waiver, acquiescence/abandonment ? I may like...

...of a foreign judgment is that it creates merely a simple contract debt between the parties. The doctrine of non-merger has. however, been too often repeated by judges to justify any prospect of its abandonment." This...jurisdiction, the awards in question not being final the suit must fail. Per Subba Rao J.-The doctrine of non-merger of the original cause of action with the...doctrine of non-merger of the original cause of action with the foreign judgment has now been well esta- blished in spite of the fact that some text-book writers are not able to discover a logical...

...been entertained by a Single Judge of the High Court. They were barred by the doctrine of constructive res judicata as also on the ground of abandonment of claim.27. On...petitions on the ground of constructive res judicata/abandonment of claim is not well founded. First of all, no such contention was ever advanced either before the learned Single Judge or before the...and scope of Order 23 of the Code and distinguishing it from the doctrine of res judicata under Section 11 of the Code, this Court observed: (Sarguja case...

...doctrine of abandonment has been expressly invoked and recognised in Trilokchand Motichand vs. HB Munshi.... The above principle has been incorporated as a rule in the realm of suits. Order 23, Rule 1 of the Code of Civil Procedure deals with withdrawal of suit or abandonment of...judicata or at least by principles underlying the doctrine of res-judicata namely that there should be finality in litigation and that a...

...abandonment by Asharfi Devi at any time. Abandonment is a positive voluntary act. The inactivity or the passive attitude of a person cannot be interpreted as an act of abandonment. The silence or inactivity of a person may in certain cases invoke the doctrine of...than before. Therefore this is clearly not a case of estoppel. Indeed Mr. Tuli conceded that he did not rely on the doctrine of estoppel. He contended only that abandonment may be..., Asharfi Devi cannot revive her lost claim. Were this a case of abandonment, the argument would certainly hold good and Asharfi Devi would not be entitled to claim the property. But there was no...

...that, as there was an abandonment of that suit by the heirs of Jagannathan, the rule as to lis pendeus would not apply to the case. The decree of the lower appellate Court was therefore affirmed...abandonment was not the result of any collusion between them and the opposite party. But it is plain that the suit did not terminate in any of the recognised modes. The suit was taken out of the hands...Annamalai v. Malayandi, ILR 29 Mad 426 at p. 434 (FB) in the following passage : "The essence of the doctrine of 'lis...

...attachments on the same property is merely that the property is under attachment, no doubt, but a person entitled to the benefit of either one of the attachments remains, in the absence of abandonment, entitled to it. No doctrine of...execution, notwithstanding the terms of Order XXXVIII, rule 11, is of itself a waiver or abandonment of the attachment before judgment. I can see no ground for saying as a...proposition of law that a man who does something which is not necessary must be taken to abandon any right. In this case there is neither an express abandonment nor any reason to suppose that...

..., lakes, marshlands and tidelands, surrendering the right only in those rare cases when the abandonment of the right is consistent with the purposes of the trust.”This is an articulation of the doctrine from...ground resources after construction of Kalyani Reservoir. Therefore, proposal for abandonment of tank was submitted by the Revenue Divisional Officer, Tirupathi to the District Collector in the years...our attention to the elaborate and detailed reply-affidavit filed by them. It is seen from the affidavit that the proposals for abandonment of the erstwhile tank were submitted by the Revenue...