Search Results for "Violation"

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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

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Land Acquisition – Violation of Natural Justice – High Court’s Duty to Grant Opportunity

Delay and Procedural Irregularities – The Supreme Court set aside the High Court’s decision due to a violation of the principles of natural justic...

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Appeal against the direction of 'pay and recover' by the Motor Accident Claims Tribunal, Nagpur – Learner’s licence validity and Rule 3(b) of the Central Motor Vehicles Rules, 1989 interpreted – Exemption for motorcycle riders under Rule 24(3)(v) clarified.

The High Court upheld the tribunal's direction of 'pay and recover' and ruled that the appellant violated Rule 3(b) by driving without an instructor. ...

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Arbitration Clause Enforcement in Construction Dispute – Supreme Court Affirms Bar on Compensation Claims. Validity of Contractual Limitation on Damages – Clause 49.5 Enforced – No Deviation from Agreed Terms Allowed

Contractual Terms and Damages – Clause 49.5 of the General Conditions of Contract (GCC) barred claims for damages due to employer delays. The Arbitr...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...

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Domicile-Based Reservation In PG Medical Courses—Unconstitutional. Residence-based reservation in postgraduate (PG) medical admissions violates Article 14 of the Constitution of India—Institutional preference permissible—State quota must be filled based on merit.

Constitution of India, 1950 – Article 14, Article 15, Article 16 – Domicile/residence-based reservation in PG Medical Courses held impermissible�...

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Supreme Court Upholds LPG Distributorship Allotment Despite Allegations of Land Disqualification. Alternative Land Offered Due to Shifting Stance of Lessor – No Disability in Application – Allotment Process Upheld.

Land Disqualification – No Violation Found: The Court found no evidence that the 4th Respondent’s land offer violated guidelines – Field verific...