Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
Service -- Public employment - Grace, charity or compassion ought to stay at a distance in matters of public employment, if a fair level playing field is to be secured...........
Custody of child -- Claimed by parents - Writ of habeas corpus - Corpus is major and she with free will and volition voluntarily married respondent No.7 after attaining majority and she has expressed her intention to live and stay with him only - She persisted on her decision to live with respondent No.7 who is her husband - It cannot be said that she has been illegally..........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Custody of daughter -- Writ of habeas corpus - Corpus will turn 17 in two days time, is unwilling to join her mother - She stated that she voluntarily left house since she was being tortured by her parents to get married to a person with whom she was not inclined to get marry - Request of corpus that she will be permitted to stay with `K' cannot be accepted since `K' is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has always been ready and willing to live with husband and for resumption of matrimonial relationship she made efforts for restitution of conjugal rights from her side but due to negative response of husband she was not allowed to live with him - Husband denied to keep his wife..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
