Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Mediation agreement - Challenge as to - Proceedings disposed of in terms of mediation agreement - In the absence of any challenge against order passed by Court accepting mediation agreement, a challenge against mediation agreement alone would not lie - Original Petition..........
Income Tax Act, 1961, Section 43B(f) -- Constitutional validity of S.43-B(f) of the Act - Non-disclosure of objects and reasons per se would not impinge upon constitutionality of a provision unless provision is ambiguous and possible interpretation violates Part III of constitution - In absence of any finding of any constitutional infirmity in a provision, Court is not..........
Intelligence Organizations (Restriction of Rights) Act, 1985, Section 7, Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975, Rule 135, Constitution of India, 1950, Article 14, 311 -- Compulsory retirement - Constitutional validity of R.135 of Rules - Retirement without holding disciplinary inquiry u/Art.311 of Constitution - R.135 of Rules is exclusive..........
Constitution of India, 1950, Article 14, 21, 309, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 15 -- Sexual harassment at work place - Grant of compensation to complainant/victim - Considering that complainant faced extreme insensitive and undignified circumstances due to improper handling of her complaint - Fundamental..........
Constitution of India,1950 -- Para 5, Sch.V - Scope - Power of Governor - Governor issued Government order erstwhile State of A.P. providing 100% reservation to ST candidates out of whom 33.1/3% shall be women for the post of teachers in schools in scheduled areas - Governor is empowered to apply such law to scheduled area or any part in State subject to such exceptions..........
Constitution of India,1950 -- Para 5(1), Sch.V - Subordinate legislation - Power of Governor - Power of Governor under Para 5(1), Sch V of Constitution does not extend to subordinate legislation - Power is with respect to an Act enacted in sovereign function by Parliament or legislature of State which can be dealt with...........
Constitution of India,1950 -- Para 5(1), Sch. V, Art.309 - Making of new law - Power of Governor - Rules framed under the proviso to Art.309 of Constitution cannot be said to be the Act of Parliament or State legislature though rules have statutory force...........
Constitution of India,1950 -- Para 5(1), Sch.V, Part III - Fundamental rights - Power of Governor - Legislative power - Can be exercised by Parliament or State subject to provisions of Part III of Constitution - Governor`s power under Para 5(1) Sch.V of Constitution is subject to some restrictions and cannot override fundamental rights guaranteed under Part III of..........
Constitution of India,1950, Article 371D -- Presidential power - Override of - Governor is competent to issue an order which is not in conflict with the Presidential Order - Governor issued the order when the Presidential Order was already in force in the entire State - Governor cannot issue the order in derogation to the Presidential Order...........
Constitution of India,1950, Article 16(1), 16(4) - - Reservation - Permissibility - Reservation for other classes can be provided u/art.16(1) of Constitution and not for ST to whom reservation is provided u/art.16(4) of Constitution - GO providing for 100% reservation not permissible under Constitution as outer limit is 50% - Thus, order cannot be said to be legally..........
