Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal by State - Preferential treatment in terms of State of Haryana v. Chandra Mani's case JT 1996(3) SC 371 - Pre - supposes bona fide act and responsible attitude on the part of State and its Officers - A remedy when gets barred by time, a definite right is vested in otherside - State cannot be permitted..........
Limitation Act, 1963, Section 5 -- Delay of 104 days in filing revision - Condonation application lacks material particulars as well as reasonable explanation - Absence of reasonable or sufficient cause - Condonation of delay declined - Once remedy against impugned order becomes barred by time - A definite right accrues to person in whose favour order had been passed - To..........
Service -- Promotion - Equality - Concept of equality in matter of promotion can be predicted only when promotees are drawn from same source - If preferential treatment of one source in relation to the other is based on difference between two sources recruitment can be justified as legitimate classification...........
Constitution of India, 1950, Article 14,16 -- Posts under the Corporation - Required to be filled up in conformity with provisions of Constitution - Cannot be exclusively reserved for persons whose lands have been acquired - Persons who have got compensation for land not in any way at a disadvantageous position as compared to others who have no land - Deserve no..........
Land Acquisition Act, 1894, Section 23 -- Belting system - Upheld in several judicial pronouncements - Plea that entire land should be evaluated at a flat rate as the difference between rates of `most preferential area' and `second rate area' comes to three times for which there is no justification - Not tenable as there is marked difference between the land falling in the..........
Punjab Land Revenue Act, Section 44 -- Weightage to Jamabandi entries-Later Jamabandi cannot be given preferential weightage in view of Jamabandis of earlier period...........
Guardians and Wards Act, 1890, Section 12 -- Minor children - Custody - Parents being natural guardians have a preferential right - When the minors can make intelligent decision, their wishes and attendant circumstance must weigh the balance...........
Hindu Succession Act, 1956, Section 22, Constitution of India, 1950, Article 14, 15, 19 -- Constitutionality of - Challenge on the basis of Articles 14, 15 and 19 of Constitution that right of pre-emption contained in Section 22 unreasonable restriction on right of citizen to acquire, hold and dispose of property - Preferential right to acquire interest in joint property..........
Hindu Succession Act, 1956, Section 22 -- Parliament fully competent to enact Section 22 by virtue of powers under "Entry 6" of Concurrent List - Contention that subject of succession squarely falls under "Entry 5" of Concurrent List and no provision regarding preferential right of acquisition of property could be provided in the Act-Not tenable...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Exemption to transfer of land prior to 30-7-1958 - Section 8 applies only to surplus area - Does not cover land declared as tenants' permissible area - Plea that area which was neither utilised by State Government prior to coming into force of Haryana Ceiling on Land Holdings Act nor purchased by tenants, should be..........
