Constitution of India, 1950, Article 17, Protection of Civil Rights Act, 1955, Section 3 -- Untouchability - Free entry of Dalits in temples - If any member of Dalit community is prevented from enjoying rights which are available to members of Hindu Religion or section, it would certainly be an activity which attracts penal provision contained in S.3 of the Act - Even,..........
Constitution of India, 1950, Article 227 -- Power of superintendence of High Court - Can be exercised suo moto...........
Criminal Procedure Code, 1973, Section 353, 354, Constitution of India, 1950, Article 227 -- Judgment of acquittal - Not available on record - High Court rightly quashed the judgment of acquittal, as mere declaration of result without judgment should be nullified and become extinct - Transfer of case by High Court from Second additional sessions judge to Court of District..........
Constitution of India, 1950, Article 14 -- Tender - Bidder not uploading payment certificate - Bidder disqualified - There is no specific mention of payment certificate required to uploaded alongwith bid by WBSRDA - Disqualification not proper...........
Constitution of India, 1950, Article 14, 16, 43, Maharashtra Universities Act, 1994, Section 8(3), Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non-Teaching Employees Revised Pay) Rules, 2009, Rule 17 -- Pay scale - Benefits of 5th Pay Commission - Non-teaching staff of unaided colleges - There is no justification in excluding no,..........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Authority of State under Art.162 of Constitution and S.8(3) of the Act - Difference, (i) statutory authority u/s 8(3) of the Act can be abrogated anytime by Legislature while constitutional authority under Art.162 of Constitution cannot be abrogated by State Legislature; (ii)..........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Absence of recital of source of power - Cannot determine legal status of instrument or deprive instrument of its efficacy...........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Revised pay scale - Teaching staff of affiliated colleges - As per evidence on record GR of 2009 laid down policy of Government of Maharashtra to adopt pay scales stipulated by Government of India in its scheme of 2008, whereby teaching staff of various affiliated colleges and..........
Constitution of India, 1950, Article 300A, 14, Criminal Law (Amendment) Ordinance, 1944, Section 4 -- Attachment of property - Confiscation in public interest - Such forfeiture does not amount to deprivation of right of enjoyment of property under Constitution...........
Contempt of Courts Act, 1971, Section 10, Constitution of India, 1950, Article 215 -- Contempt of Court - High Court cannot initiate proceedings suo-motu or otherwise for the contempt Supreme Court of India - Supreme Court and High Court being Courts of Record are empowered to punish for its contempt and contempt of Courts subordinate to it...........
