Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Liability of Ex-husband to pay maintenance - Scope of - (1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the..........
Constitution of India, 1950, Article 226, 298, 299 -- Auction by Govt. or its instrumentalities - Highest bid - Non acceptance of - Rights of highest bidder - Judicial review - General Principles - (i) State Govt. cannot refuse to confer the highest bid without assigining any valid reason and / or by giving irratic, irrational or ilrelevant reasons, (ii) Obligatory on the..........
Constitution of India, 1950, Article 14 -- Appointment - Equality - Any appointment made in violation of the constitutional scheme of equality as adumbrated under Article 14 of the Constitution of India as also in violation of the provisions of the Act and the subordinate legislation framed thereunder would be wholly illegal and without jurisdiction...........
Constitution of India, 1950, Article 317(1) -- Reference - Misbehaviour - Member of a Public Service Commission - The President's prima facie satisfaction based on available materials was enough for making a reference to this Court under Article 317(1) of the Constitution of India and that there was no need for the President to obtain the opinion of any fact finding body..........
Constitution of India, 1950, Article 317(1) -- Reference - Misbehaviour - Member of a Public Service Commission - Enquiry - The enquiry which the Supreme Court is required to hold is not into the limited question whether, on the basis of facts found by the President, the charge of misbehaviour is made out and whether the misbehaviour is of such a nature as to warrant the..........
Constitution of India, 1950, Article 309 -- Conditions of service - Alteration of - State has the power to alter the terms and conditions of service even with retrospective effect by making rule framed under proviso appended to Article 309 of the Constitution of India - The rules so made ordinarily should state so expressly...........
Limitation Act, 1963, Article 113 -- Suit for partition - Limitation - All co-sharers in possession of joint property - Right to sue for partition is a continuing right - Provisions of Article 113 not applicable...........
Constitution of India, 1950, Article 136 -- Exercise of jurisdiction under Article 136 of Constitution of India - Supreme Court shall not exercise its jurisdiction under Article 136 only because it may be lawful to do so...........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Award not covered by S.147 of Motor Vehicles Act - Supreme Court exercised extra ordinary jurisdiction under Article 142 of Constitution and directed the Insurance Company to pay the amount of award and recover the same from owner of vehicle...........
Constitution of India, 1950, Article 16,309 -- Promotion - A person has no fundamental right of promotion in terms of Article 16 of the constitution of India - He has a fundamental right to be considered therefor - An effective and meaningful consideration is postulated thereby - The terms and conditions of service of an employee including his right to be considered for..........
