Constitution of India, 1950, Article 14,39(d) -- Non practicing allowance - Respondent seeking mandamus directing appellants the revision of non practicing allowance in respect of Research Assistant as has been done in the case of doctors and physicians - Doctrine of Equal pay for equal work cannot be invoked - The question as to whether certain allowances would be paid to..........
Delhi School Education Act, 1973, Section 17(3),18(3)(4) -- Delhi School Education Rules, 1973, Rules 172,173,174,175 and 177 - Quantum of fee - Educational institution - Recognised unaided schools - Regulation of quantum of fee under Section 17(3) of the Delhi School Education Act - Authority of the Director Education - Held that reading Section 18(4) with rules..........
Delhi School Education Act, 1973, Section 24(3) -- Delhi School Education Rules, 1973, Rules 177,172,175 and 176 - Educational institution - Recognised unaided schools - Collection of fee/funds from parents/students - Clause 8 of direction by Director of Education under Section 24(3) prohibiting the schools not to transfer funds from the Recognised Unaided School Funds to..........
Contempt of Courts Act, 1971, Section 11, 12, Criminal Procedure Code, 1973, Section 345 -- Contempt of Court - An opportunity of hearing is to be given before punishment - Even such an opportunity of hearing is necessary in a proceeding under Section 345 of the Code of Criminal Procedure - But if a law which is otherwise valid provides for the consequences of such a..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Non disclosure of material fact with regard to ailment at the time of revival policy under a special drive - The OP has not established that the cause of death is on account of suppressed health information - Respondent OP has not acted strictly in accordance..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5, Prevention of Corruption Act, 1988, Section 19 -- Sanction - Retirement - Under 1947 and 1998 Acts accused cannot claim immunity on the ground of want of sanction if he has ceased to be a public servant on the date when court took cognizance - However under section 197 Cr.P.C..........
Indian Penal Code, 1860, Section 409 -- Criminal Procedure Code, 1973, Section 197 - Sanction - Sanction under Section 197 of the Code is not a condition precedent for an offence under Section 409 IPC...........
Prevention of Corruption Act, 1947, Section 5(2) -- Probation of Offenders Act, 1988 - Probation - Section 18 of Probation Act clearly rules out application of the Probation Act to a case covered under Section 5 (2) of the 1947 Act...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - House construction - OP carrying on construction activity and then allotting and disposing of the property - It could have been open to the consumer to make grievance also with regard to quality of construction which relates to service to be rendered by the builder - The complainant held to be consumer as per..........
Evidence Act, 1872, Section 114(e) -- Presumption as to official acts - Section 114(e) of the Act raises a presumption that all official acts must have been performed regularly and that the common course of business has been followed in particular case...........
