Constitution of India, 1950, Article 14 -- Promotion policy - Punjab National Bank - Challenge to validity of clause 9(e) which provides for consequence of refusal of the promotion when it was offered - Held that a rule providing for a bar for a fresh consideration for particular length of time cannot be said to be unreasonable...........
Constitution of India, 1950, Article 14, 16 -- Recruitment - Selection process - Challenge as to - Estoppel - The respondents adopted the criteria of short listing after having received applications and finding that large number of candidates applied - The petitioner could not have known the criteria before appearing in the selection process - He could have observed the..........
Right to Information Act, 2005, Section 6 -- Proceedings before State Information Commissioner - Impugned order passed by the Commission challenged on the ground that the day on which it was passed, one member was absent - This will have no bearing on the validity of the order - Constitution of Commission cannot be a subject of challenge for so long as act is done in the..........
Industrial Disputes Act, 1947, Section 11A, 33(2)(b) -- Conditions of service - Punishment - During pendency of proceedings - Grant or refusal of approval under Section 33(2)(b) - Exercise of powers u/s 11 - A of the Act by the Labour Court - Labour Court ought not to have interfered with the punishment, for there was always right to challenge the termination order itself..........
Criminal Procedure Code, 1973, Section 374, Constitution of India, 1950, Article 14 -- Criminal appeal - Special statute - Constitutional validity - Challenge to - Held, in a criminal appeal constitutional validity of provisions of special statute cannot be gone into...........
Civil Procedure Code, 1908, Order 1, Rule 8, Haryana Municipal Act, 1973, Section 70, 74 -- Development charges - Levy by Municipal Council - A person not affected by levy cannot challenge the validity of the same by filing a civil suit in representative capacity on his own behalf and on behalf of others who are also not affected...........
Election Symbols (Reservation and Allotment) Order, 1968 -- Cls.5,6,10A - Right to plea - In the absence of any challenge to constitutional validity of Cls.5, 6 of the Order the challenge to Cl.10A must necessarily fail...........
Foreign Exchange Regulation Act, 1973, Section 18(2), 3 -- Export of garments - Non repatriation of export proceeds from some overseas buyers - Non obtaining of general or special permission from RBI for non realisation of export proceeds beyond six months - Challenge as to constitutional validity of S.18 of the Act - Held, Act finds place in the Ninth Schedule of the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Conveyance deed challenged - Suit dismissed for default - Subsequently suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity...........
Partition -- Conveyance deed challenged - Suit dismissed for default - Subsequent suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity - Conveyance deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........