Tender -- Rejection of bid - Jurisdiction of authority - High Court quashed decision of Bid Evaluation Committee and directed to accept bid of respondent - Authority has right to accept or reject any bid and even to annul whole bidding process - High Court not justified in interfering with such a decision of BEC - It cannot be said that decision could not have been taken..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error which is to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of record...........
Service -- Post of Deputy Supdt. of police - Selection process commenced before coming into force of Rules, 2005 - Vacancies in question for the period prior to 2005 - Held, appointment shall be governed by Rules of 2000. (Constitution of India, 1950, Art.309, Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2000, R.4, Chhattisgarh Police..........
Service -- Post of Deputy Supdt. of police - Age relaxation to women candidates - 10 years age relaxation is specifically provided to women candidates as per 1997 Rules - Said benefit is not prescribed under Rules 2000 - Omission of said benefit in 2000 Rules were merely accidental and it was not a case of casus omissus, as said omission was rectified while enacting..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- Second appeal - Death of both plaintiffs and defendants - Abatement of second appeal - Substitution of LR's - Second appeal abated within knowledge of parties, but they did not care to get its abatement set aside deliberately for long time - Appeal abated in the year 1994 and substitution application along with delay..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Points for determination - Non-framing of - First appellate Court neither compiled with directions mentioned in O.41.R.31 CPC nor made any point of determination in its impugned judgment - No reason given as to why it was proper to dismiss the appeal or why such judgment was passed - Nothing is there which shows..........
Indian Penal Code, 1860, Section 363 -- Kidnaping - Quashing of proceedings - Victim allegedly got married to petitioner of her own free will - She was not kidnapped or abducted by accused - Respondent No.4 being father of victim, however, not accepted said marriage - Criminal proceedings initiated only on account of ego - By initiating such proceedings, process of Court..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Once tenancy is created, a tenant can be evicted only after following due process of law, as prescribed under the provisions of Rent Control Act - A tenant cannot be..........
