Police Act, 1861, Section 2, 46(11), Uttar Pradesh Police Motor Transport Unit Subordinate Officers Service Rules, 2015, Rule 5(c), 10 -- Service - Selection process - Post of Head Constable Motor Transport - Constable Drivers can be promoted on basis of seniority to Head Constable Drivers - If they desire to be appointed as Head Constable Motor Transport, then they have..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Agreement to sell -- Specific performance - Readiness and willingness - Subsequent purchaser can challenge readiness and willingness on the part of plaintiff...........
Service -- Appointment - Post of Police Sub-Inspector - Government Resolution (GR) 2019 - Challenge as to - State issued GR without any consultation or prior approval by Maharashtra Public Service Commission - GR seeks to fill up double number of vacancies which were notified for Post - Authority cannot fill up more than notified number of vacancies advertised, as..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Accused is not debarred from praying for discharge u/s 245(2) Cr.P.C, merely on the ground that he chose not to challenge order issuing process upon him u/s 204 Cr.P.C...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife failing to cross examine husband in support of her own case or to challenge his allegations of cruelty - Court normally accepts unchallenged and uncontroverted assertions of fact - Failure of wife to effectively cross examine husband shows that she neither seriously..........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Appointment of arbitrator - Challenge as to - Principal Secretary of State Government is ineligible to be appointed as an arbitrator, since he would have a controlling influence on Appellant Company being a nodal agency of State - Substitute arbitrator appointed as agreed between parties...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Magistrate exercising jurisdiction under Chapter IV of Act of 2005 is certainly a subordinate Court for the purposes of Article 227, and a petition under Art.227 of the Constitution is available to challenge the proceedings under..........
Service -- Promotion - Qualification - Post of Head Assistant - Respondents promoted to the post only till eligible and suitable candidates are posted to these posts and that they can considered for regularization/appointment only if they attain qualification and experience prescribed for the post - Chief Justice of State vide its order prescribed qualification for..........
Fraud -- Limitation - Fact vitiated by fraud - Limitation to challenge that fact starts from date of knowledge of fraud...........
