Constitution of India, 1950, Article 14, 16 -- Appointment - In Absence of any statutory rules governing the issue of fixation of seniority, state are duty bound to fix the final seniority as per merit list prepared by commission...........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of Court order - Validity - Contempt was founded on alleged breach of respective petitioners in not having shifted premises within period of one year - Notification was issued that rights of parties were re-adjusted as per terms of allotment and period prescribed - At end of allotment letter there is a note that in..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admissions - This provision is only an enabling one and vests discretion in the court to pass a judgment on admission and by no means can be said to be mandatory in its effect - Circumstances made it clear that issue is not as simple as has been tried to be projected by petitioner and sanctity and legality of admission made..........
Foreign Exchange Regulation Act, 1973, Section 56, 49, 6(4), 6(5) -- Quashing of complaint - Offence of crediting non-convertible Rupee Funds into Non-Resident account - Allegations that offence has been committed due to negligence on part of appellant/officials - Suppression and material omission in not mentioning appellant`s reply to opportunity Notice in complaint -..........
Civil Procedure Code, 1908, Section 115 -- Revision - To satisfy the regularity, correctness, legality or propriety of impugned decision, High court shall not exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts - Revisional power is not and cannot be equated with power of reconsideration of all..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered post - `Not claimed' - Deemed service - Failure of party to claim notice sent through registered post at his last known address can be taken as `deemed service'...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be left open to be decided in the suit by framing an issue as to rejection of plaint - It will defeat the purpose of provision of O.7.R.11 CPC which is to save Courts valuable time in adjudicating frivolous suits...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non-framing of an issue - When parties understood the area of controversy and adduced evidence in relation to that, mere fact that an issue was not framed does not affect adjudication...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - When eviction of tenant is sought by issuing quit notice u/s 106 of T.P.Act before instituting suit, proof of default in payment of rents is not a relevant ground for eviction...........
