Constitution of India, 1950, Article 309, 320(4), Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistants in the Offices of Departments of Secretariat) Rules, 1951, Rule 3 -- Recruitment for OPSC - Appointment of respondent made on ad-hoc basis due to inadequate number of reserved candidates - Challenge - Amended R.3 of..........
Constitution of India, 1950, Article 309, 320(4), 226, 14 -- Locus standi - Challenge against mode of recruitment by General category candidate - General category candidate has no locus standi to challenge recruitment of reserved class, on principle that unequals cannot be treated equally...........
Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A, National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Whether Act of 2014 and 99th Amendment Act are violative of the `Principles of Separation Of Powers' and `independence of judiciary' or not - Concerned Amendment and NJAC Act completely took away discretion of President to turn..........
Constitution of India, 1950, Article 124, 217, 222, 50, 74, 368 -- Independence of the judiciary - It is basic feature or inviolable part of basic structure of the Constitution - It is a judiciary which discharges its functions independently without fear or favour - Primacy of the judiciary in matters of appointment and transfer of Judges, is also part of basic structure..........
Rule of law -- Independence of judiciary - Both are inseparable and are part of basic structure of Constitution...........
Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A(1)(c), National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Inclusion of Union Minister incharge of law and justice as ex-officio Member of NJAC - Having negative impact on principle of `independence of judiciary' - It is held to be ultra vires the provisions of Constitution -..........
Constitution of India, 1950, Article 14, 368, Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A(1)(c), National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Act of 2014 conferring arbitrary and unchartered powers on various authorities under Statute - Therefore, violative of Art.14 and declared unconstitutional...........
Karnataka Cooperative Societies Act, 1959, Section 108 -- Revision - Barred by limitation - Confirmation of auction sale despite repayment of loan amount by appellants rendered them landless for more than 2 decades - Gross miscarriage of justice caused to appellants by deprivation of right to livelihood guaranteed u/Art.21 of Constitution - Since constant litigation has..........
Constitution of India, 1950, Article 32, Bombay Police Act, 1951, Section 33A -- As introduced by Maharashtra Police (Second Amendment) Act, 2014 - Prohibition of performance of dance in eating house, permit room or beer bar - Constitutional validity of S.33A of the Act - Apex Court stayed the operation of the provision with a rider that `no performance of dance shall..........
Constitution of India, 1950, Article 32, Supreme Court Rules, 1966, Order 18, Rule 5, Supreme Court Rules, 1966, Order 10, Rule 3, 4 -- Review petition - Maintainability - Grounds of violation of principles of natural justice - Review petition filed because sale deeds on basis of which rate of compensation for acquisition of lands was hiked were intentionally price..........
