CONTEMPT OF COURTS ACT, 1971, Section 19 (1) (b) Framing of proper charges Furnishing of charge sheet Serving of specific charge sheet Filing of Affidavit and contemporaneous record Appellant has been found guilty
[2019 (1) ALT(CRI.)(SC) 170 ( D.B. ) ,05-09-2019]
SPECIAL MARRIAGE ACT, 1954, Sections 4, 24 and 25 Customary Divorce Proof of Permissibility Void Marriage Entitlement for Decree for Divorce Period of Limitation for declaration for nullity / void marriage
[2019 (2) ALT(SC) 189 ( D.B. ) ,06-03-2019]
SPECIFIC RELIEF ACT, 1963, Section 16 (c) Readiness and Willingness The Courts below have found that the Plaintiffs failed to prove their readiness and willingness to perform their part of the Agreement The failure on
[2019 (2) ALT(SC) 219 ( D.B. ) ,06-03-2019]
LIMITATION ACT, 1963, Article 54 Limitation point for Specific Performance suit The submission made on behalf of the Plaintiffs that part II of Article 54 of the Schedule to the Limitation Act applies to this case
[2019 (2) ALT(SC) 219 ( D.B. ) ,06-03-2019]
CIVIL PROCEDURE CODE, 1908, Order 6 Rule 17 Amendment of pleadings Inadvertent mistake Refusal of Memo of parties Petition against an order passed by the learned trial court seeking permission to amend the
[2019 (2) ALT(SC) 77 ( D.B. ) ,01-03-2019]
CONSTITUTION OF INDIA, 1950, Article 226 Visitorial jurisdiction under Article 226 Scope Discussed INDUSTRIAL DISPUTES ACT, 1947, Section 11-A Exercise of Proper Jurisdiction by Tribunal Compulsory Retirement Dismissal Enquiry on a
[2019 (2) ALT(TS) 182 ( D.B. ) ,28-02-2019]
SERVICE LAW Appointment as regular teachers Treating as contract employees Permissibility At no stage, the posts of teachers in engineering disciplines were referred to or described as contractual or on part time basis
[2019 (2) ALT(SC) 91 ( D.B. ) ,28-02-2019]
EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952, Sections 2(b) and 6 Special Allowances Basic Pay The appeals raise a common question of law, if the special allowances paid by an establishment to its employees
[2019 (2) ALT(SC) 232 ( D.B. ) ,28-02-2019]
A.P. (TELANGANA AREA) TENANCY AND AGRICULTURAL LANDS ACT, 1950, Sections 19, 40 and 48-A Contravention of terms of grant All the three Courts held and, in our view, rightly that a clear case of violation of
[2019 (2) ALT(SC) 142 ( D.B. ) ,27-02-2019]
EVIDENCE ACT, 1872, Section 102 Onus of Proof The onus of proving that the appellant-Shri Ram Mandir falls within the description of private temple is on the appellant who is asserting that the temple is a
[2019 (2) ALT(SC) 151 ( D.B. ) ,27-02-2019]
TRANSFER OF PROPERTY ACT, 1882, Section 122 CIVIL PROCEDURE CODE, 1908, Section 100 Interpretation of gift deed It is clear from the evidence on record that Smt. Vidya Devi has acquired title to the property
[2019 (2) ALT(SC) 185 ( D.B. ) ,27-02-2019]
CONTRACT ACT, 1872, Sections 68, 70, 73 and 74 Breach of Contract Damages Damages arising out of a breach of contract is treated separately from damages resulting from obligations resembling those created by contract
[2019 (2) ALT(SC) 196 ( D.B. ) ,27-02-2019]
INDIAN SUCCESSION ACT, 1925, Sections 372 and 383 Revocation of Succession Certificate A Succession Certificate can be granted in an application in which necessary particulars are set out as mentioned in Section 372 There is
[2019 (2) ALT(SC) 126 ( D.B. ) ,26-02-2019]
SERVICE LAW FUNDAMENTAL RULES, 1956, Rule 17-A CENTRAL CIVIL SERVICES (PENSION) RULES, 1972, Rules 21, 27 and 28 Fixation of Pension Qualifying Service The period of leave for which salary is payable would
[2019 (2) ALT(SC) 144 ( F.B. ) ,26-02-2019]
CIVIL PROCEDURE CODE, 1908, Order 39 Rule 1 and 2 CONSTITUTION OF INDIA, 1950, Article 226 Grant of injunction in writ petition Permissibility The High Court allowed the injunction application made by both the
[2019 (2) ALT(SC) 89 ( D.B. ) ,25-02-2019]
LIMITATION ACT, 1963, Articles 59, 60 and 65 Decrees and instruments The trial court has held that suit has been filed within time relying on Article 65 whereas the Appellate Court as well as the High
[2019 (2) ALT(SC) 101 ( D.B. ) ,25-02-2019]
TRANSFER OF PROPERTY ACT, 1882, Sections 19 and 21 Vested right and contingent right It is important to find from the sale deed what was conveyed This we say, as appellant has a case that
[2019 (2) ALT(SC) 101 ( D.B. ) ,25-02-2019]
HINDU MINORITY AND GUARDIANSHIP ACT, 1956, Section 8 Alienation of minors property There is no dispute that sale deeds executed by Balaraman on behalf of himself and his minor son Palanivel were executed without obtaining permission
[2019 (2) ALT(SC) 101 ( D.B. ) ,25-02-2019]
CONSUMER PROTECTION ACT, 1986 Medical Negligence The approach adopted by the NCDRC cannot be said to be faulty, while dealing with the role of the State Commission, which granted damages on a premise that respondent No.2-Doctor
[2019 (2) ALT(SC) 116 ( D.B. ) ,25-02-2019]
CIVIL PROCEDURE CODE, 1908, Order 6 Rule 17 Amendment of plaint Permissibility The Trial Court was right in rejecting the application This we say for more than one reason First, it was wholly belated;
[2019 (2) ALT(SC) 138 ( D.B. ) ,25-02-2019]