Service -- Recruitment - Judicial review - Scope of judicial review in matters of public employment does not extend to questioning State's wisdom or policy in prescribing minimum eligibility requirements for a public post - Qualifications are prescribed keeping in view the needs and interests of an institution, an industry or an establishment, as the case may be...........
Service -- Recruitment - Judicial review - Equivalence of a qualification is not a matter which can be determined in exercise of power of judicial review - Whether a particular qualification should or should not be regarded as equivalent is a matter for State as the recruiting authority to determine - Assessment of expediency, advisability or utility of such prescription..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Mere exhibiting or de-exhibiting of a document does not conclude its evidentiary value - Even if a document is exhibited, its execution, admissibility and authenticity remain open to judicial scrutiny at appropriate stage...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a serving judicial officer holding a responsible public position and is therefore, under a heightened obligation to ensure fair, adequate and dignified financial security for his wife and daughter - Wife who is presently not engaged in legal practice is entitled to maintain a standard of living broadly..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal right - Filing petition for restitution of conjugal right per se will not lead to an inference that petitioner is ready to resume conjugal relationship - After filing restitution of conjugal right petition, appellant has also filed application before Judicial Magistrate under Domestic Violence Act and another..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Claimants who do not file objections or pursue judicial challenge cannot contend that inquiry u/s 5-A of the Act is vitiated, nor can they seek quashing of S.6 of the Act declaration on that ground - In the event objections are not pursued through litigation, notification becomes conclusive proof..........
