Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Dispute regarding boundaries - Appointment of Local Commissioner to measure the land of plaintiff as well as the defendant - Dispute regarding boundaries can be best adjudicated by taking the assistance of the experts who on measurement can express his opinion - Order of appointment of Commissioner calls..........
Punjab Land Revenue Rules, 1909 -- Rr.15, 20 -- Appointment of Lambardar - Petitioner appointed Lambardar of Village by district Collector - Order of District Collector dittoed by Commissioner in appeal - However in revision, order of Collector and Commissioner set aside by Financial Commissioner on ground that petitioner was in unauthorized possession of Panchayat land -..........
Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Challenge as to - Writ jurisdiction - Quo warranto - Writ maintainability - Plea that writ of quo warranto not maintainable since the present case is neither the case of infringement of the statutory provisions of the 2003 Act nor of..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Recommendations of High Powered Committee - Institutional integrity - Judicial review - Under proviso to Section 4(1) the HPC had to take into consideration what is good for the institution and not what is good for the candidate -..........
Constitution of India, 1950, Article 32, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Judicial review - Merit review - Held that there is difference between judicial review and merit review - In the case judicial determination is confined to the integrity of the decision making process undertaken by HPC in the proviso..........
Constitution of India, 1950, Article 74, Central Vigilance Commission Act, 2003, Section 4(1) -- Appointment - Chief Vigilance Commissioner - Discretion of President - Plea on behalf of respondent No. 2 that in the matter of appointment of CVC u/s 4(1) of the Act the appointment made is on the basis of the recommendation of HPC the President can exercise discretion and is..........
Central Vigilance Commission Act, 2003, Section 4(2) -- Appointment - Chief Vigilance Commissioner - Recommendation of HPC - Difference of opinion - Held that there is no prescription of unanimity or consensus u/s 4(2) of the Act - If one of the member of High Powered Committee (HPC) dissents that member should give reasons for the dissent and if the majority disagrees..........
Central Vigilance Commission Act, 2003, Section 3(3) -- Appointment - Chief Vigilance Commissioner - Zone of consideration - No reason stated as to why zone of consideration restricted only to civil services and not in terms of Section 3(3) of the Act - Directions issued that in future zone of consideration should be in terms of Section 3(3) of the Act - It should not be..........
Consumer Protection Act, 1986, Section 13 -- Housing - Commissioner's report - Plea that Commissioner's report was obtained contrary to law and there is no provision for obtaining a Commissioner's report under the CP Act and very order regarding issuance of a commission to the Advocate Commissioner is void repelled - Held that Section 13 of the CP Act authorizes issuance..........
