Tender -- Technical bid - Acceptance of bid without following guidelines of Central Vigilance Commission (CVC) - Validity - Opening of tender without showing documents to rival bidders is meaningless, and violate the CVC guidelines, as it is the right of rival bidders to see whether documents attached by a bidder meet the technical requirements or not - Violation of CVC..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Constitution of India, 1950, Article 226, 227 -- Tender - Terms and conditions - Judicial review - High Court should be circumspect in exercising judicial review, in essence should exercise judicial restraint in tender matters unless and untill serious questions touching legality and propriety affecting validity of tender process arises...........
Constitution of India, 1950, Article 32, 14, Uttar Pradesh Basic Education Act, 1972, Section 19, 23(1) -- U.P. Basic Education (Teachers) Service (16th Amendment) Rules, 2012 - Appointment as teachers - Validity of Amendment Rules 2012 - Plea that State Amendment Rules are in conflict with Notification dt.11.02.2011 issued by NCTE - U/s. 23(1) of Act NCTE does not power..........
Abuse of process of Court -- Re-litigation - (1998) 3 SCC 573 referred wherein held : It is an abuse of process of Court and contrary to justice and public policy for a party to re-litigate the same issue which is already tried and decided earlier against him - Re-agitation may or may not be barred as res judicata - If same issue is sought to be re-agitated, it also..........
Abuse of process of Court -- (1998) 3 SCC 573 referred wherein held : A proceeding being filed for a collateral purpose, or a spurious claim being made in litigation may also in a given set of facts amount to an abuse of process of Court - Frivolous or vexatious proceedings may also amount to an abuse of the process of Court especially where the proceedings are absolutely..........
Abuse of process of Court -- 2013 (2) SCC 398 referred wherein held : Principles - (a) A person coming to Court with `unclean hands' is neither entitled to be heard on merits nor entitled to any relief; (b) A person approaching Court for ex parte relief should state the whole case fully and fairly and where litigant has broken such faith, discretion of Court cannot be..........
Service -- Selection and appointment - Participation in the selection process without any objection - Procedure cannot be challenged later on...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
