Civil Procedure Code, 1908, Section 100 -- Second appeal - Discussion or consideration of evidence on record to decide question of law - It cannot be said that it is a reappreciation of entire evidence on record...........
Hindu Law -- Joint Family Property - Alienation for legal necessity and/or to pay the `antecedent debt' - Sale deed executed was to clear/pay the `antecedent debt' and for legal necessity of the family members - Finding of High Court calls for no interference...........
Banking law -- Willful defaulter under circular of RBI - Right of representation by a lawyer - Borrower who was declared to be willful defaulter has no right to be represented by a lawyer in the i, house proceedings, as events of willful defaulter would only relate to individual facts of each case...........
Banking law -- Willful defaulter under circular of RBI - Oral hearing is not mandatory under Revised Circular...........
Banking law -- Willful defaulter under circular of RBI - The moment a person is declared to be a willful defaulter, impact on its fundamental right to carry on business is direct and immediate...........
Uttar Pradesh State Universities Act, 1973, Section 35(2) -- Termination - Prior approval of Vice-Chancellor not taken - Violation of S.35(2) of the Act - Appellant a lecturer in a private unaided college terminated contrary to provisions of the Act - Vice-Chancellor set aside termination order on being approached by appellant, as prior sanction u/s 35(2) of the Act not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Substantial question of law required to be framed at the time of admission of appeal after hearing appellant as provided u/s 100(4) CPC - However, High Court failed to comply with provisions of S.100(4) and S.100(5) CPC and framed questions for the first time while..........
Constitution of India, 1950, Article 141 -- Dismissal - of SLP in limine at threshold without giving any detailed reasons, does not constitute any declaration of law or a binding precedent u/art 141 of Constitution...........
Orissa Administrative Services Class II(Recruitment), Rules, 1978 -- Regulation.6 - Promotion - Post of OAS Class II - Names of respondents never considered for selection or promotion beyond the stage contemplated under Regul.6 - Only names of respondents were recommended for consideration - In the meanwhile State re-structured and abolished OAS Class II cadre and..........
Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, Section 3(1) -- Transfer of land - Sale deeds challenged on the ground that same were executed in contravention of S.3(1) of Regulation - Same was declared as null and void by all Authorities and Courts - High Court neither examined issue in context of definition of `transfer' as defined under the Act nor..........
