Constitution of India, 1950, Article 14 -- Equality - 134 employees accepted the terms and conditions of settlement and resumed work - 53 workmen did not accept the settlement, continued with strike which was declared illegal and unlawful and in departmental enquiry they were found guilty - They resorted to unlawful action by administering threat to loyal workmen - Cannot..........
Partnership Act, 1932, Section 32, 63, 72 -- Partnership - Liability of retiring partner to third party for acts of firm done before his date of retirement - Partner would continue to be liable to third party until public notice is given as to his retirement - Money decree against partnership firm and its three partners - Execution - Objection by partner that he retired..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Suit against a dead person - Must be treated to be a formal defect - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action...........
Constitution of India, 1950, Article 320(3),(c) -- CCS CCA Rules, 1965, Rules 15(3) , 32 - Disciplinary proceedings - Advice of UPSC - Non supply of to the delinquent - Held that the provisions of Article 320(3) of the Constitution of India are not mandatory - They do not confer any rights on the public servant so that the absence of consultation or any irregularity in..........
Constitution of India, 1950, Article 14 -- Equality - Appointment - Some ineligible candidates were wrongly treated as eligible in 1993 - The first respondent cannot insist that she also must be treated eligible though she is ineligible - Such an action cannot give rise to equality clause enshrined by Article 14 of the Constitution - An illegality cannot be allowed to be..........
Arbitration Act, 1940, Section 30 -- Award - Objections - Arbitrator if acts in disregard of the contract, he acts without jurisdiction - A deliberate departure from contract amounts to not only manifest disregard of his authority or a misconduct on his part, but it may tantamount to a mala fide action...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Cause of action arose after filing of written statement - Defendants can make counter-claim...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Counter claim - Subsequent to the filing of written statement if a cause of action has arisen then definitely the defendant can make counter claim in the written statement by way of amendment...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Criminal Procedure Code, 1973, Section 178, 179, 182 -- Criminal proceeding - Territorial jurisdiction - Held, place of inquiry or trial depends upon the place or places where offence was committed or where offence is a continuing one giving cause of action to aggrieved party to invoke jurisdiction of court for his or her redressal...........
