Read, Subscribe & Cite SUPREME LAWS TODAY (SLT) Daily II (2014) SLT 358 SERVICE LAW — Basic wages — Basic wages shall not include bonus. II (2014) SLT 337 CONTRACT — Imposition and recovery of penalty on breach of contract is impermissible under Contract Act and contrary to public policy. II (2014) SLT 319 SERVICE LAW — Apppointment — Any appointment made in violation of mandate of Articles 14 and 16 of Constitution is not only irregular but also illegal and cannot be sustained — Any appointment even on temporary or ad hoc basis without inviting application is in violation of provisions of Constitution. II (2014) SLT 319 SERVICE LAW — Appointment — Transparency — Advertisement must specify number of posts available for selection and recruitment — This is necessary to prevent arbitrariness and to avoid change of criteria of selection after selection process is commenced, thereby unjustly benefiting someone at the cost of others. II (2014) SLT 282 CRUELTY — Mental — Instances of physical torture would be plainly evident from pleadings, conduct which has caused or likely to cause mental injury would be far more subtle. II (2014) SLT 262 CIVIL PROCEDURE CODE, 1908 — Section 2(2) — Ex Parte Decree — Valid decree — Merely because decree passed ex parte, same does not cease to have force of decree — It is a valid decree for all purposes. II (2014) SLT 262 SPECIFIC RELIEF ACT, 1963 — Section 28 — Rescission of Contract — Scope and ambit of provision — Under Section 28 of Act, a vendor is free to apply to Court which made decree to have contract rescinded in case purchaser has not paid purchase money or other sum ordered by Court to pay within period allowed by decree or by Court. II (2014) SLT 98 CORRUPTION — Cases triable by Special Judges — An offence under P.C. Act can be committed either by public servant or private person or combination of both — In view of mandate of Section 4(1) r/w Section 3(1) of P.C. Act, such offences can be tried only by Special Judge. II (2014) SLT 98 “JURISDICTIONAL FACT” — Existence of, is sine qua non or condition precedent to assumption of jurisdiction by Court. II (2014) SLT 82 FUNDAMENTAL RIGHT — Right to Property — Forfeiture of — If a subject acquires property by means which are not legally approved, sovereign would be perfectly justified to deprive such persons of enjoyment of such ill-gotten wealth. II (2014) SLT 70 COGNIZANCE OF OFFENCE — Theft of Electricity — Procedure contained in Cr.P.C. is made applicable for offences to be tried under Electricity Act as well — No special or different procedure is prescribed — Complete machinery is not provided under Electricity Act to deal with such offences — If offence under Cr.P.C. is cognizable provisions of Chapter XII containing Section 154, Cr.P.C. onward would become applicable. II (2014) SLT 57 ARBITRATION LAW — Arbitration Clause — Invocation of —Oppression and mismanagement — Reference of even non-signatory parties to arbitration agreement can be made — It does not jeopardize arbitration clause in any manner. LIKE US ON FACEBOOK// DLT PUBLICATIONS SHARE IT IF YOU LIKE IT
Posted on: Mon, 10 Mar 2014 13:35:13 +0000
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