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IMPORTANT POINTS
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for promotion as not only a statutory right but also a fundamental right but there is no fundamental right to promotion itself.
(2) Promotion cannot be retrospectively granted after retirement, as it requires actual assumption of duties and responsibilities of promotional post. ,27 Nov 2024
Supreme Court of India
IMPORTANT POINT
Cruelty – In matrimonial disputes exaggerated versions of incident are reflected in a large number of complaints and tendency of over implication is also reflected. ,26 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Insertion of words ‘socialist’ and ‘secular’ in Preamble to Constitution of India by Constitution (Forty-second Amendment) Act in 1976 is valid and There is no legitimate cause or justification for challenging this constitutional amendment after nearly 44 years.
(2) Power to amend unquestionably rests with Parliament – This amending power extends to Preamble – Amendments to Constitution can be challenged on various grounds, including violation of basic structure of Constitution. ,25 Nov 2024
Supreme Court of India
IMPORTANT POINT
Permanent disability suffered in motor accident – A person's understanding of oneself is shaken or compromised at its very root at hands of consistent suffering. ,22 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Kidnapping, murder, conspiracy and disappearance of evidence – Brutality of offence does not dispense with legal requirement of proof beyond reasonable doubt – Courts can convict accused only if his guilt is proved beyond reasonable doubt on the basis of legally admissible evidence – There cannot be moral conviction.
(2) Disclosure statement – What is admissible is only such information furnished by accused as relates distinctly to facts thereby discovered – No other part is admissible. ,22 Nov 2024
Supreme Court of India
IMPORTANT POINT
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No court can be called a “subordinate court” – Personal criticism of Judges or recording findings on conduct of Judges in judgments must be avoided. ,22 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Extension of mandate of Arbitral Tribunal – Court has power and jurisdiction to extend period.
(2) Efficiency in conduct of arbitral proceedings is integral to effectiveness of dispute resolution remedy through arbitration – Efficiency is inextricably connected with expeditious conclusion of arbitral proceedings. ,22 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or contrary to law.
(2) While exercising jurisdiction under Article 226 of Constitution of India, High Court cannot exercise such jurisdiction to reappreciate entire evidence or finding of fact unless concerned authority below acted beyond its jurisdiction or such findings suffer from error apparent on face of record or such finding beset with surmises or conjectures. ,21 Nov 2024
Supreme Court of India
IMPORTANT POINT
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956. ,21 Nov 2024
Supreme Court of India
IMPORTANT POINTS
(1) Agreement to Sell – Suit for Specific Performance cannot be decreed where conduct of buyer does not inspire confidence in granting her discretionary relief of specific performance.
(2) An agreement which has been cancelled, would be rendered non-existent in eyes of law and such a non-existent agreement could not possibly be enforced before a court of law.
(3) Maintainability of suit – Unless an issue as to maintainability is framed by Trial Court, suit cannot be held to be not maintainable at appellate stage only because appropriate declaratory relief has not been prayed.
(4) Any failure or omission on part of trial court to frame issue on maintainability of suit touching jurisdictional fact by itself cannot trim powers of higher court to examine whether jurisdictional fact did exist for grant of relief as claimed.
(5) Agreement to Sell – Two or more clauses in a contract could, in some measure, be inconsistent with each other. ,21 Nov 2024
Supreme Court of India
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