Constitution of India, 1950, Article 14, 16, 226 -- Recruitment - Appointment - Post of Ayurvedic Medical Officers - Bias - In the advertisement for filling of the posts wherein criteria to be adopted for selection was fixed by the competent authority - The selection not based on criteria notified but it was changed one day before the selection and was not disclosed to the..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Interim maintenance - Wife employed - Even if wife is earning she may be given ad interim maintenance but much depends upon the status of the parties, the income of the wife and the husband etc. - Wife earning Rs.13, 000/- p.m. - But it was imperative for the plaintiff wife to have placed on record her salary..........
Service -- Seniority - Appointment on ad hoc basis - Regular appointment given from date of passing of qualifying test with approval of the Staff Selection Committee - Where the initial appointment is only ad hoc, not according to rules and made as a stop gap arrangement, the period of officiation in ad hoc post cannot be taken into account for considering the seniority...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sch. 2, Article 17(iii) - Suit for permanent injunction and for declaration - Plaintiff making allegation that instrument is void and hence not binding upon him - Held, if a declaration simplicitor is prayed, then plaintiff is not required to pay ad volrem court fee - Fixed court fee will be payable under Article 17, Sch. 2 of the..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for permanent injunction and declaration - Plaintiff making allegation that instrument was void on the ground that document was forged one and it does not bear the signature of the executor - Plaintiff party to the instrument - Held, plaintiff not required to pay ad volrem court fee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - A party in possession is not at all aggrieved from the order of status quo as that party will continue to enjoy the peaceful possession of the property in dispute - No illegality or perversity in the impugned order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Dispute as to which party is in possession - Question as to whether family settlement is a forged one or not is a matter of evidence - Criminal cases pending between the parties - By passing order of status quo trial Court has also ensured that no untoward incident occurs..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........
