SERVICE LAW CONSTITUTION OF INDIA, 1950, Article 16 Relaxation of Age Whether Age Relaxation Constitutes A Reservation In Itself The APPSC was of the opinion that as the first respondent-applicant was being considered for
[2018 (3) ALT 349 ( D.B. ) ,19-04-2018]
CIVIL PROCEDURE CODE, 1908, Section 47 read with Order 21 Rule 26(1) Privity between Tenant and Landlord Principle of Inheritance Proprietor rights When original tenant dies, the legal heirs inherit the tenancy as joint
[2018 (3) ALT(SC) 28 ( D.B. ) ,19-04-2018]
HINDU MARRIAGE ACT, 1955, Section 25 Permanent Alimony Reasoned order Principles thereof mentioned Dispute is between the husband and wife and it relates to award of permanent alimony payable to wife whether the
[2018 (3) ALT(SC) 21 ( D.B. ) ,17-04-2018]
DOCTRINE OF CONSTITUTIONAL TRUST From the concept of the Constitutional supremacy in India for all the wings to work within its frame work and parameters provided either expressly or necessary implication from the Constitutional provisions, which is
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
PRINCIPLES OF NATURAL JUSTICE The principles of natural justice require that the petitioners ought to have been granted an opportunity to see the video recording Perhaps they might have had an opportunity to explain why the
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
CONSTITUTION OF INDIA, 1950, Articles 105 and 194 Parliamentary privilege Speaker power Interference by Court In continuation to what is discussed supra, the availability or not of the power of expulsion of a member
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
INTERPRETATION OF STATUTES Doctrine of proportionality All executive orders must conform to the Constitution or must be intravires of the law governing the action, if there is a law holding the field The Courts would
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
CONSTITUTION OF INDIA, 1950, Articles 13 and 226 Judicial review The arbitrary administrative and quasi Judicial actions give rise to Judicial-review against such actions to protect the sufferers The concept of Welfare State contemplated by
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
CONSTITUTION OF INDIA, 1950, Article 50 Theory of separation of powers Independent judiciary Among the three other main, visible and perceptible pillars of Democracy under the Indian Federal Polity with the supremacy of the Constitution, we
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
CONSTITUTION OF INDIA, 1950, Articles 14, 21, 194, 211 and 212 Expulsion of Member of House Principles of natural justice It no where mentioned the cause for expulsion of the two petitioners in said Ex.P1(a)
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
CONSTITUTION OF INDIA, 1950, Articles 174 (1), 175, 176 and 208 (1) TELANGANA LEGISLATIVE ASSEMBLY RULES OF PROCEDURE AND CONDUCT OF BUSINESS RULES, Rules 2(1)(a) and (h), 2(1)(v), 2(2), 17 and 17-A The Assembly and the House
[2018 (3) ALT 357 ( S.B. ) ,17-04-2018]
PENAL CODE, 1860, Sections 302, 364 and 379, r/w Section 34 and 201 Murder Trial Last seen theory The prosecution placed reliance before the Court mainly on three circumstances, firstly, the last seen theory, secondly,
[2018 (2) ALT(CRI.)(SC) 60 ( D.B. ) ,16-04-2018]
EVIDENCE ACT, 1872, Sections 26 and 27 Confession leading to discovery of new fact Section 27 of the Evidence Act is applicable only if the confessional statement leads to the discovery of some new fact
[2018 (2) ALT(CRI.)(SC) 60 ( D.B. ) ,16-04-2018]
WORDS AND PHRASES May be true and must be true There is a long mental distance between may be true and must be true and the same divides conjectures from sure conclusions The Court in
[2018 (2) ALT(CRI.)(SC) 60 ( D.B. ) ,16-04-2018]
CRIMINAL PROCEDURE CODE, 1973, Section 439 PREVENTION OF CORRUPTION ACT, 1988, Section 13(1)(e) r/w 13(2) Grant of Bail Guidelines discussed It is an economic offence With mans pursuit for materialistic pleasures increased, the
[2018 (2) ALT(CRI.)(A.P) 1 ( S.B. ) ,16-04-2018]
PENAL CODE, 1860, Sections 403 and 420 CRIMINAL PROCEDURE CODE, 1973, Section 482 COPYRIGHT ACT, 1957, Sections 69 and 63 r/w 65 When Criminal Proceedings are not abuse of Process of Law Power of
[2018 (2) ALT(CRI.)(A.P) 101 ( S.B. ) ,11-04-2018]
Medical Admission Production of False Educational Certificate The petitioner could have either secured admission under the 85% quota reserved for local candidates in the Andhra University Area or under the 15% quota available for all candidates
[2018 (3) ALT 142 ( D.B. ) ,09-04-2018]
JUDICIAL SERVICE A.P. JUDICIAL MINISTERIAL SERVICE RULES, 2003 Category of posts When redesignation is not allowed Grievance of the petitioners is that until the advent of the new set of Rules issued on the
[2018 (3) ALT 191 ( D.B. ) ,09-04-2018]
CONSTITUTION OF INDIA, 1950, Article 371-D It is only the provisions of Article 371-D and any order made by the President thereunder which, under Clause (10) of Article 371-D, has been given over-riding effect over other provisions
[2018 (3) ALT 232 ( D.B. ) ,09-04-2018]
CONSTITUTION OF INDIA, 1950, Article 141 Binding precedents In the hierarchical system of courts which exists in our country, it is necessary for each lower tier, including the High Court, to accept loyally the decisions of
[2018 (3) ALT 232 ( D.B. ) ,09-04-2018]