Legal Reference Library

The Patna High Court in All India Students Federation vs. State of Bihar, has observed that lack of adequate attendance must not be read as exclusive circumstance for debarring a student from taking his examinations and only when it is coupled with other circumstances, showing a general derelict behaviour, may be proper reason for debarring. The Court also directed the Principal of Patna Women’s College and Vice Chancellor of Patna University to condone the attendance shortage of all those students, who have inadequate attendance to the extent of 60%. These directions were issued by a Division Bench comprising of the Chief Justice I. A. Ansari and Justice Anjana Mishra on a writ petition by All India Students Federation. The Students Federation had alleged improper exercise of discretion by the Principal of the college in the matter of condoning the attendance shortage and usurping the jurisdiction vested in the Vice Chancellor by the Principal by deciding the condonation applications ...

2. Suit to include the whole claim.- (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. (2) Relinquishment of part of claim—Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. (3) Omission to sue for one of several reliefs—A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs, but if he omits except with the leave of the court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. Explanation: For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respecti...