Supreme Court of India

Ashok Kumar Srivastav v. National Insurance Company Ltd. and Ors.

Neutral citation
Reported as [1998] 2 S.C.R. 1199
Bench A.S. Anand J.
Decided 27 April 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

Resultantly, C the High Court reversed the decree of the trial court and dismissed the suit.

Judgment, page 6

From the headnote

Specific Relief Act, 1963 : Ss. 14 and 34-Suit for a decree declaring that notice of termination of services of plaintiff was illegal and he continued in service-Maintainability of-Defendant raising the plea that suit was for enforcement of a. contract of employment and was not maintainable-Held, maintainability of a suit cannot be adjudged from the effect which the decree may cause-It can be determined on the basis of ostensible pleadings made and the stated relieft claimed in the plaint. Code of Civil Procedure, 1908 : S.11-Res judicata-Held, a decision on an issue raised in a writ petition

Where later benches applied it

Of those, 1 referred to

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