Constitution of India, 1950, Article 14 -- Tender - Eligibility criteria - Relaxation - In the instant case, bid of opposite party No.4 initially rejected for not satisfying eligibility criteria - Said action is malafide because once authorities have acted upon, subsequently they cannot change their stand as it is hit by the principle `once game is started its rule cannot..........
Prevention of Money Laundering (Appeal) Rules, 2005, Rule 5(a), (b) -- Service of notice - As per R.5(b) of Rules communication should be addressed to party and party alone - Being R.5(b) of Rules mandatory in its scope and ambit, any alternative service through post on authorised agent does not amount to proper service...........
Registration Act, 1908, Section 17 -- Compulsory registration - If document is required to be compulsorily registered and while doing so some irregularity in the procedure is committed the same does not amount to a fraudulent execution and registration of the document, but a case of mere irregularity - In either case, the party aggrieved by such registration of document is..........
Registration Act, 1908, Section 17, 32 -- Extinguishment deed - Presence of the other party - Held, in absence of any express provision in the Act mandating presence of the other party to the Extinguishment deed at the time of presentation for registration, by no stretch of imagination, such a requirement can be considered as mandatory...........
Registration Act, 1908, Section 17, 32 -- Registration - Allotment of plot - Extinguishment deed - Registration - Non presence of the other party to the Extinguishment Deed presented by Society before Registering Officer - By no standard can be said to be a fraudulent action per se - Provisions of the Act enables the Registering Officer to register the documents presented..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution is extra ordinary and discretionary - Conduct of parties is relevant - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - Exercise of discretion to issue a writ is a matter of granting..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution - Multiple proceedings - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - In the instant case High Court declined to interfere as appellant was pursuing multiple proceedings for the same..........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Visitation right - Even in the absence of application for custody being there, application by aggrieved party for visitation rights is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment should not be allowed after commencement of trial unless Court comes to conclusion that inspite of due diligence, party could not raise matter before commencement of trial...........
Specific Relief Act, 1963, Section 26 -- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
