Limitation Act, 1963, Article 112 -- Limitation - Recovery suit - Suit by or on behalf of Government - Suit filed in the year 2003 for recovery of money due to Central Government - BSNL which came to be incorporated by Department of Telecommunication with effect from 2000 is prosecuting suit founded on cause of action of Central Government - Suit therefore is deemed to be..........
Limitation Act, 1963, Section 5 -- Condonation of delay - In absence of any evidence to show that petitioner received summons issued by Political Assistant and was aware of existence of judgment and order, it has to be accepted that petitioner came to know of institution of case and existence of judgment and order only when authorities of BSNL informed petitioner regarding..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Removal of mobile towers - Installation of mobile tower of BSNL just 200 feet away creates no public nuisance - Moreover, there is no objection certificate issued by Gram Panchayat - Exercise of powers u/s 133 Cr.P.C. which is extra ordinary remedy cannot be exercised for general problems - No error in order..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Enhancement of maintenance - Desertion by husband - Husband employed in BSNL and drawing fairly good amount as salary whereas wife has no income whatsoever - Husband is under obligation to maintain her - By any standard, Rs.1,500/- p.m. is insufficient for an individual to lead life with basic necessities -..........
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and consequently whether tenant BSNL has a right to continue..........
Blacklisting of contractor -- Permanent debarment from future contracts - Validity - According to respondent-BSNL, appellant had fraudulently withdrawn a huge amount of money which was not due to it in collusion and conspiracy with officials of respondent-corporation - Held, even so permanent debarment from future contracts for all times to come may sound too harsh and..........
Constitution of India, 1950, Article 285 -- Service charge - Protection of Art.285 - Building in question belongs to plaintiff/UOI and has not been transferred to BSNL - Defendant demanded service charges in view of circulars dated 10.05.1954 and 27.03.1967 issued by Central Govt. - Held, according to Art.285 of Constitution only Parliament may by law provide for levy of..........
Civil Procedure Code, 1908, Order 21, Rule 48(1)(a) -- Expls.1,2 - Govt. employee - Withholding of salary - Respondent No.2 is disbursing officer situated within local limits to which CPC applies and, therefore, he was impleaded as respondent No.2 for withholding salary of respondent No.1 - Respondent No.2 is officer of BSNL which is an incorporated company belonging to..........
Punjab State Election Commission Act, 1994, Section 11(j) -- Punjab Panchayat Election Rules, 1994 - Petitioner employee of Punjab Ex-servicemen Corporation, a Punjab Govt. undertaking, working as a security guard with BSNL exchange which is also a Govt. of India enterprise - Whether petitioner eligible to contest the election for the post of Panch - Section 11(j) of the..........
Arbitration and Conciliation Act, 1996, Section 7, 11(6) -- Appointment of Arbitrator - Tenders invited by BSNL for supply of certain goods - Documents provided that in the event of dispute having arisen in regard to award of contract, it will be decided by arbitration -Bidder awarded contract in respect of certain quantity of goods - Dispute that bidder is entitled to..........
