Constitution of India, 1950, Article 14 -- Bid/Tender - Disqualification to bid - Non fulfillment of condition - One of the conditions of NIT/Tender document clearly prescribes that bidder must have experience of having executed work - On verification of petitioner`s bid it is found that the petitioner does not fulfill specific requirement/tender condition prescribed -..........
Hindu Succession Act, 1956, Section 26 -- Succession - Disqualification - Conversion to Christianity - Children born to converted Christian or his descendents alone would be disqualified from inheriting property and not the converter himself...........
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, Section 9 -- Nomination of Board of Directors - Qualification and disqualification - Board of directors consists of persons coming from different fields - There cannot, therefore be a uniform qualification or/and disqualification for such persons - Both the categories as provided u/s 9(3) of the Act..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father do not mention about any..........
Orissa Gram Panchayat Act, 1965, Section 26(2), 25, 11(b) -- Election - Eligibility to contest for post of Sarpanch - Disqualification - Elections challenged on the ground that elected candidate not attained age of 21 years on the date of nomination - Proceedings u/s 26(2) of the Act - Not maintainable in respect of elected Sarpanch who is not eligible to contest election..........
Indian Penal Code, 1860, Section 420 -- Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to third child - Cannot be considered to constitute offence of cheating...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Probation of Offenders Act, 1958, Section 12, 4 -- Benefit of S.4 of the Act granted - Plea to grant benefit of S.12 of the Act - When benefit of Ss.3, 4 of the Act is granted to accused, no disqualification could be attached to a conviction by virtue of S.12 of the Act - Accused held, entitled to benefit of S.12 of the Act...........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murder - Disqualification - Appellant is debarred from inheriting property of deceased, who was killed on account of fatal blow given by appellant, even though his conviction altered from S.302 IPC to S.304(Part I) IPC...........
Probation of Offenders Act, 1958, Section 3, 4, 12 -- Probation u/ss 3, 4 of the Act - Accused not to suffer any disqualification, if any, attached to conviction - Trial Court not required to specifically state in the order that petitioners is entitled to benefit of S.12 of the Act...........
