Tender -- Blacklisting - Show cause notice - Validity - Mere existence of a clause in Bid Document, which mentions blacklisting as a bar against eligibility, cannot satisfy mandatory requirement of a clear mention of proposed action in show cause notice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Wife earning some income - If wife is earning, it cannot operate as a bar from being awarded..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - Availability of an alternate remedy is no bar in entertaining a complaint under the Act...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Co-sharer -- Co-sharer in actual physical possession of a specific portion out of big parcel of joint land is entitled to deliver possession thereof to anyone - No doubt, sale of a specific portion or parcel of land out of joint property by a co-sharer shall be deemed to be sale of undivided share out of joint land - However, there is no bar either in delivery of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application for bail filed before JJ Board dismissed - Accused filed application u/s 439 Cr.P.C, instead of filing of appeal before Sessions Judge - However, not availing of such alternative remedy does not bar independent statutory remedy of filing of petition u/s 439 Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Rajasthan Pre-emption Act, 1966, Section 9, 21, Limitation Act, 1963, Article 97 -- Right of pre-emption - Cannot be enforced for an indefinite number of transactions - It is only exercisable for first time when cause of such a right arises in a situation where plaintiff pre-emptor chooses to waive such right after Rajasthan Pre-emption Act becoming operational - S.9 of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
