Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Suit is at the stage of cross-examination of PW1 - Amendment sought to seek possession of suit property - However, no reasons stated in affidavit accompanying application with regard to due diligence and why plaintiffs could not bring amendment earlier - Plaintiffs..........
Right to Information Act, 2005, Section 22, Gujarat High Court Rules, 1993, Rule 151 -- Right to information - Overriding effect of RTI Act - No inconsistency of High Courts Rules with provisions of RTI Act - Rules neither prohibit nor forbids dissemination of information or grant of certified copies of records - Difference is only insofar as stipulation of filing an..........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - Mere filing of application by counsel for tenant seeking leave to defend in absence of any affidavit of tenant held, not sustainable...........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - However, application filed by counsel for tenant under his own signature within 30 days of service of summons - Advocate cannot initiate proceedings on..........
Income Tax Act, 1961, Section 115O -- Income tax - Buy back shares - Show cause notice - Appellant contended that they never put to notice whether it would be liable u/s 115-O of the Act - However, department willing to treat communication dated 2018 as a show cause notice and appellant filed an affidavit of undertaking to withdrawn proceedings initiated before Authority..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of party in office of sub-registrar - This is neither mandatory nor sine qua non to prove presence in office of sub-registrar on stipulated date by way of documentary evidence - Even, there is no such requirement of law that an application or affidavit with regard to presence in office of..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Plea of tenant is that tenanted premises is a residential flat situated in a cooperative group of housing society and cannot be put to any commercial use - Plea held, not tenable as this ground neither raised by tenant in leave to defend application nor was even urged before Rent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife in her affidavit has stated that she has not been employed and is totally dependent on her mother and brother for maintenance - Husband filed his affidavit of assets, income and expenditure wherein he disclosed that his gross income is Rs.38,500/- p.m. - Rs.8000/- deducted towards expenses shown by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - It is not necessary for owner to first come back to India and thereafter file a petition and wait for orders of Court which may take years - Mere intention to return to home country supported by an affidavit is sufficient - It is not requirement of law that landlord before..........
