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Results of a 226

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Writ of Mandamus - Can only issue where there is a clear public duty laid upon an Authority and equally clear right in petitioner to enforce the same - Challenge to acquisition - Objection that : (i) Writ of Certiorari does not lie, and (ii) Remedy of Mandamus - Neither a statutory mandate to complete acquisition proceedings..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Challenge to acquisition - Objection of locus standi of petitioner and consequent maintainability of writ petition - Petitioner purchased land long after issuance of Notifications under Sections 4 and 6 - In no way put on a pedestal lower than his predecessor-i, interest - Being purchaser of land entitled to and interested in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Colourable exercise of power - Vitiates every action - Writ Court if comes to the conclusion that any action under the statute not a bona fide but only a misuse or abuse of power conferred - Duty bound to quash the same...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Writ jurisdiction - Laches, gross and unexplained - Challenge in 1982 to allotment made by Improvement Trust in 1979 - Nothing on record to show petitioners' either personal knowledge, or it could be presumed to be within their knowledge - Petitioners knocked door of Court with utmost expedition on learning about allotment and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Challenge to acquisition in October 1978 when Notifications under Section 4 in May 1973 and under Section 6 in October 1973 and claim for compensation under Section 9 filed in May 1974 - Delay of 4/5 years - Expectations of petitioner that wheels of State would move cannot be equated or termed as laches or negligence on part of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Delay - Per se not fatal - Only one of the factors which is taken into consideration in determining conduct of petitioner - Neglect of petitioner to be weighed in conjunction with grievance which he puts forth before Court - State if had done what it was required to do under law in ordinary course and given rise to no..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226, 227 -- Writ of Mandamus - Objection that writ petition not maintainable as relief claimed payment of money simpliciter - Petitioners only requiring State to fulfil duties statutorily fixed under law and pay compensation determined in accordance with provisions of the Act - Futile to contend that compensation can be determined in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226, 227 -- Writ jurisdictio, High Court does not hear any appeal or revision against order of Authorities whose orders or proceedings it examines - Proceedings under Articles 226 and 227 not in continuity of proceedings under the Act - Orders under Punjab Village Common Lands (Regulation) Act challenged in writ proceedings -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 - - Panchayat elections - Challenge that findings recorded by Prescribed Authority not correct - Findings of fact which Prescribed Authority competent to record - Cannot be assailed in writ proceedings...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Constitution of India, 1950, Article 226 -- Laches - Challenge to Development Scheme under Punjab Town Improvement Act - Scheme under Section 36 published in May 1976 - Writ Petition filed in 1979 - Objection that petition belated as even notification under Section 42 published in 1979 - High Court dismissed writ petition in limine as belated - Supreme Court accepted..........

Showing : 1321-1330 of 1442 Results