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...court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the...directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the wilful violation of t...leave arise from the order of the Division Bench dated 3-4-1996 made in Special Civil Appeals Nos. 1 and 2 of 1995. The facts are not in dispute. The controversy relates to the preparation of the...
...appellant's grievance that his pay fixation was not in accordance with the rules, was the assertion of a continuing wrong against him which gave rise to a recurring cause of action each time he was paid a salary wh...to the rules throughout the service giving rise to a fresh cause of action each time the salary was incorrectly computed and paid. No further consideration of that decision is required to indicate its...the respondents on the ground that it was time barred since the cause of action had arisen at the time of the initial fixation of his pay in 1978 or latest on rejection of his representation befor...
.... as that default would give him a fresh cause of action. In the facts of the present case it becomes obvious that when earlier suit was filed in 1980 the plaintiff had a cause of ...earlier suit and which had continued on the date of the second suit of 1982. The relevant averments regarding the fresh cause of action which had accrued to the plaintiff after the disposal ...the trade mark to make a grievance about the same and similarly such impugned passing off actions also would give a recurring cause of action to the plaintiff to make a grievance about the same and to seek appropriate relie...
..., and should be computed from the date on which his cause of action arose. In the present case the plaintiffs' cause of action is the entry of the defendant's name in the revenue...of action accrued to them in 1903 when the defendant objected to the correction of the khewat. That in our opinion was not a fresh cause...plaintiff's right, and that was held to have given him a fresh cause of action. As in the present case there was no fresh invasion of the right of the plaintiffs, the rulings referred to ...
...deprives a person of his remedy available in law. In absence of any fresh cause of action or any legislation a person who has lost his remedy by lapse of time loses his right as well. Fro...R.M Sahai, J.— Casual labourers of South Eastern Railway, alleged to have been appointed between 1964-69 and retrenched between 1975-78 have approached this Court for a...opposite parties from filling vacancies from open market.2. Basis of their claim is twofold, one — circulars issued by the Railway Board on June 8 and June 18, 1981 laying...
...inordinate delay. Representations repeatedly given to various authorities do not furnish her fresh cause of action to file writ petition. The High Court is wholly unjustified to have entertained and...leave arises from the judgment of the Punjab and Haryana High Court, made on 15-10-1996 in CWP No. 12474 of 1995.4. The admitted facts are that in June 1980, there was a...requisition in the Irrigation Department for filling up of four vacancies of Sub-Divisional Clerks. The Subordinate Service Selection Board advertised the posts. Instead of selecting four candidates, it...
...25.09.2007. By filing of the representation after more than 06 years, delay and laches cannot be condoned. The mere fact that the representation was replied on 27.12.2007 shall not give any fresh cause of ...applicant it is submitted that the case of the applicant was highly delayed. Cause of action arose to the applicant on 14.10.1999 and 09.01.2001 and the representation was submitted by her after more than 06 years ...stale
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claim or dead grievance does not give rise to a fresh cause of action. In Paragraph Nos. 19 and 23...
.... Reckoning the cause of action from 25-3-1987, the suit filed on 26-8-1996, was hopelessly barred by time.12. The averments in para 12 of the plaint concerning the mutation proceedings ...independent or fresh cause of action to seek declaration of the sale deed of 5-5-1953 to be merely a loan transaction. The foundation of suit does not seem to be the adverse orders passed...read in proper perspective, “cause of action” has clearly been pleaded and the High Court grossly erred in rejecting the plaint on the ground that it does not disclose any cause of action...
...by the appellant. In the present case no fresh cause of action was sought to be introduced by the amendment applied for. All that the appellant sought to do was to complete the cause of ...amendment applied for. There was no fresh cause of action sought to be introduced by the amendment and hence, no question of causing any injustice to the respondent on that account arose...amendment would cause him an injury which could not be compensated in costs. It is merely a particular case of this general rule that where a plaintiff seeks to amend by setting up a fresh claim in respect...
..., subject, of course, to the applicability of principles of res judicata or constructive res judicata.23. It is also trite that if a subsequent cause of action has...petition may be filed, as a fresh cause of action has arisen.24. In...issued by the court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in...
...to inform the appropriate Department. Representations with incomplete particulars may be replied by seeking relevant particulars. The replies to such representations, cannot furnish a fresh cause of action or...furnishing a fresh cause of action for reviving the ‘dead’ issue or time-barred dispute. The issue of limitation or delay and laches should be considered with reference to the original cause ...crystal that even if the court or tribunal directs for consideration of representations relating to a stale claim or dead grievance it does not give rise to a fresh cause of action. The dead cause...
...are not inclined to entertain that grievance and issue any direction in this case inasmuch as grievance, if any, emanating from the aforesaid statutory rules would be on a fresh cause of action which...Order1. IA for discharge of advocate is allowed.2. These appeals and the special leave petitions are directed against...one and the same judgment of the Division Bench of the Allahabad High Court. The High Court disposed of a batch of appeals by a common judgment. The respondents were daily-rated wage earners in the...
...in the event his request for transfer on promotional post is not accepted. Suffice it to say that any order passed on promotional post would give him fresh cause of action. Honble...for transfer on promotional post is not accepted. Suffice it to say that any order passed on promotional post would give him fresh cause of action. 2 OA-3410/2017 2. OA is accordingly dismissed...
...had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat...benefit of ex-serviceman and that he does not have the Degree of B.A in English. He filed writ petition challenging the action of the respondents. So far his earlier appointment on lower post claiming...By the Court:-By way of this writ petition, petitioners seek to challenge inaction on the part of the respondents as they are not treating the appointments of the...
...rise to a fresh “cause of action” within the meaning of clause (b) of Section 142 of the Act so as to entitle the payee to institute prosecution under Section 138 on the basis of...which struck a discordant note with the observation that for the first dishonour of the cheque, only a prosecution can be launched for there cannot be more than one cause of action for prosecution...., within one month from the date the cause of action arises, can be reconciled. Having given our anxious consideration to this question, we are of the opinion that the above two provisions can be harmonised, with t...
...is a obstruction, then he may treat it as a fresh cause of action and based on the fresh cause of action, he may proceed further. At this stage therefore, the prayer for status q...on the fresh cause of action, the petition may be disposed of.
6. In view of above statement, the petition stands disposed of. The miscellaneous application also stands di...learned Magistrate dated 21 May 2018 came to be set aside. The learned Advocate for the petitioners submit that after this order dated 5 April 2022, the respondents have started obstructing the use of way...
...gave rise to a recurring cause of action each time he was paid a salary which was not computed in accordance with the rules. So long as the appellant is in service, a fresh cause of ...rise to a distinct and separate cause of action. This Court in Balakrishna Savalram Pujari Waghmare v. Shree Dhyaneshwar Maharaj...such jurisdiction.10. In the case of pension the cause of action actually continues from month to month. That, however, cannot be a ground to overlook...
....292, Succession Act, had the effect of conferring a new cause of action on the assignee and therefore provided a fresh starting point for the purposes of limitation. If the language ..., 1925.) It has never been suggested that under either of these sections there is upon the assignment being made a fresh cause of action. The origin of the ancient practice of re...in the least support the view that a fresh cause of action arises and that therefore the condition of the bond is not broken for the purposes of the Limitation Act until the date of the a...
...more details as to the schedule, survey No. and extent. However, the same was rejected by the learned District Munsif on the ground that it creates a fresh cause of action.3. In my...considered opinion, there is no substance in rejecting the amendment application by the learned District munsif on the ground that it creates a fresh cause of action, as it will not prevent or take away the...1. Heard.2. The above revision is preferred against the order dated 22.11.1993 in I.A No. 3880 of 1993 in O.S No. 706 of 1991, on the file of the II Additional District...
...live with him but later the spouses fell apart. On that basis it was urged that the orders of maintenance could not be revived as there had arisen a fresh cause of action. The High Court by the impugned...exhausted and thus she be left to fight a new litigation on a fresh cause of action. Out of the two courses, we would prefer to adopt the first one, for if we were to resort to the second option, it...Order1. Leave granted.2. The appellant-wife petitioned against the respondent-husband in the Court of the C.J.M, Howrah, under Section 125 of the Code of...