Arbitral award -- Non-representation by a legal representative - FOSFA rule debars legal representation - Submission as to non-representation before Tribunal cannot be accepted - Moreover, in the absence of proof of prejudice caused due to non-representation by a Legal Representative and to show that it was disabled to put forth its views, award cannot be set aside on the..........
Service -- Reservation - Benefit of promotion with consequential seniority - Art.16(4-A) of Constitution enabled State to extend benefit of promotion with consequential seniority by examining adequacy of representation to SC/ST in State services - However, State of Orissa has not made any provision either by way of legislation or by a executive order to extend such..........
Service -- Voluntary retirement or resignation - Initially husband of respondent moved application for voluntary retirement, however, no order passed on said application - Thereafter, he filed his resignation, which was accepted and he was relived from service - At the time of filing application for voluntary retirement, husband of respondent was already issued charge..........
Constitution of India, 1950, Article 226, Advocates Act, 1961, Section 49(1)(d), Rules of Legal Education, 2008, Rule 2(24) -- `Regular approval' - Constitutional validity of R.2(24) of Rules - Challenging on ground that said Rule is ultra vires rule making power of Bar Council of India - In R.2(24) of Rules `Regular approval' includes earlier granted permanent approval to..........
West Bengal Premises Tenancy Act, 1997, Section 6(4) -- Eviction petition - Bonafide requirement - Suitable accommodation - Landlord is to show that he has no other reasonable suitable accommodation - Such accommodation would of course include rented accommodation in as much as a person has a legal right to hold rented accommodation from which he cannot be evicted by..........
Constitution of India, 1950, Article 243T -- Mumbai Municipal Corporation Act, 1888, Ss.5A (as inserted by Maharashtra Act of 1994, 5B (as reinserted by Maharashtra Act of 2012) 2nd proviso - High Court under Article 226 can pass order interdicting legal fiction engrafted in a State enactment, provided legal fiction had not come into operation...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction suit - Dismissal of suit - Non-payment of rent - Provisions of the Act are not applicable on suit property therefore, deposition of rent by tenants u/s 30 of the Act has no legal consequences and non-payment of rent to landlord despite demand of rent thus, tenants..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Senior citizen is merely to show that his property needs protection and need not necessarily have to show that he/she needs maintenance or has been ill treated by son or other legal heir...........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) u/s 357-A(2) Cr.P.C can only decide quantum of compensation - Neither DLSA nor SLSA can monitor or fetter amount disbursed as compensation u/s 357-A Cr.P.C, as their jurisdiction ends with awarding the amount...........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - Power to decide and grant victim compensation is conferred on State and central Authorities and power to frame schemes of providing funds therefor (and not relating to method/modality of disbursal) flows from S.357-A Cr.P.C and not from Legal Services Authority Act...........
