Read, Subscribe & Cite CIVIL LAW TIMES (CLT) III (2014) CLT 145 (SC) CONSTITUTION OF INDIA, 1950 — Article 15(5) — Object of Clause (5) of Article 15 is to enable State to give equal opportunity to socially and educationally backward classes of citizens or to the Scheduled Castes and Scheduled Tribes to study in all educational institutions other than minority educational institutions referred in Clause (1) of Article 30 of Constitution — Clause (5) of Article 15 of Constitution is not an exception or a proviso overriding Article 15 of Constitution, but an enabling provision to make equality of opportunity promised in Preamble in Constitution a reality. III (2014) CLT 145 (SC) — Articles 15(5), 19(1)(g) — Unaided Private Educational Institutions — Identity of right of unaided private educational institutions under Article 19(1)(g) of Constitution has not been destroyed by Clause (5) of Article 15 of Constitution. III (2014) CLT 145 (SC) — Articles 21A, 15(5), 30(1) — Right of Children to Free and Compulsory Education Act, 2009 — Section 12(1)(b) r/w Section 2(n)(iii) — Applicability of Act, 2009 to minority school — Ultra vires — 2009 Act insofar as it is made applicable to minority schools referred in Clause (1) of Article 30 of Constitution is ultra vires the Constitution. III (2014) CLT 112 (SC) CONTEMPT OF COURT — Parole — Grant of — Actual market value of property held by Sahara’s is many times more than circle rates for such property — Alternative ground urged for grant of parole also does not stand closer scrutiny — No concrete proposal with Sahara’s for sale of properties situated in India or abroad that may call for any negotiation by applicant. III (2014) CLT 138 (SC) GIFT — “Transfer of possession“ of property covered by registered instrument of gift duly signed by donor and attested as required is not sine qua non for making of valid gift under provisions of T.P. Act. III (2014) CLT 170 (SC) GOVERNMENT CONTRACT — Blacklisting — Prior notice — Necessity of compliance with principles of natural justice by giving opportunity to person against whom action of blacklisting is sought to be taken has a valid and solid rationale behind it. III (2014) CLT 347 (DB) JUDICIAL SERVICE EXAMINATION — Debarment — Candidate in full-time employment with law firm — Retainership with law firm does not amount to full-time employment – Retainer fee does not amount to salary — Debarring from Judicial Service Examination not proper. III (2014) CLT 126 (SC) LEASE — Immovable Property — Destruction of house/building constructed on lease property does not determine tenancy rights of occupant which is incidental to contract of lease which continues to exist between parties. III (2014) CLT 317 RECOVERY OF POSSESSION — Suit under Section 6 of Act partakes character of summary proceeding as fresh suit on title for recovery of possession not barred. III (2014) CLT 280 RES JUDICATA — Assignee or legal representative is bound by decree obtained against assignor or predecessor in interest. III (2014) CLT 280 RES JUDICATA — Matter in issue once decided by Court by competent jurisdiction is binding not only on same parties in suit but parties under whom they or any of them claim or litigating under same title. III (2014) CLT 104 (SC) TITLE SUIT — Where a vendor sells without title in property but subsequently acquires title then a right accrues to purchaser to claim interest in the property and it automatically goes in favour of transferor. III (2014) CLT 373 (DB) TRUST — When, by conduct of parties, a trust is created due to fiduciary relationship and when it is acted upon, it is presumed that actual direct trust is formed. SHARE IT IF YOU LIKE IT call 09351498351
Posted on: Thu, 04 Sep 2014 14:40:46 +0000
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