Civil Procedure Code, 1908, Section 60, Constitution of India, 1950, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 - Payment of loan - Liability to refund - Petitioner filed application for disbursement of his pension - Pension amount not disbursed and Bank directed to arrange to close loan account -..........
Constitution of India, 1950, Article 226 -- Equitable relief - Where petitioner not only obtained loan by playing fraud on Bank but has not repaid loan amount, then Court may refuse to entertain petition u/art.226 of Constitution for the simple reason that he who seeks equity must do equity - Thus, not only petitioner had suppressed material facts in writ petition but at..........
Major Port Trust Act, 1963, Section 52 - - Circular 1998 - Storage of cargos - Unauthorized occupation of space - Levy of penalty - Circular stipulated levy of penalty by prescribing that any storage beyond a period of 60 days would be treated as unauthorized - Circular had brought uniformity, clarity and transparency in use of storage facilities in Port, as there was..........
Allotment of plot -- Allotment price - Delayed payment - Interest - Cause of allotment of plot is Hospital - Therefore, in exercise of jurisdiction u/art 142 of Constitution, interest for period from date of filing of writ petition before High Court till date of order of Supreme Court shall not be charged from respondent provided respondent pays entire balance sale..........
Constitution of India, 1950, Article 14 -- Tender - Legality of conditions - Petitioner fully aware of tender conditions and with such awareness submitted his bid and not questioned any of tender conditions as being illegal arbitrary and being violative of Art.14 of Constitution - It is not open for petitioner to seek to test legality of those tender conditions on..........
Constitution of India, 1950, Article 226 -- Tender - Rejection of techno-commercial bid - Judicial review - There is no proof that petitioner producing valid experience certificate as required under Clause 1.1.2 of the tender conditions therefore, tender of petitioner could not pass through technical bid - Act of Railways not arbitrary - No need of judicial review -..........
Constitution of India, 1950, Article 141 -- Law declared by Supreme Court - Binding on all civil and judicial authorities within the territory of India - High Court has no right to tinker with the judgment and order passed by Supreme Court which is binding and judicial propriety has to be maintained at all costs - It is made clear to all concerned more so, to the Courts..........
Constitution of India,1950, Article 223 -- Appointment of Acting Chief Justice of High Court - Acting Chief Justice is treated at par with Chief Justice only for limited purpose of salary and not for any other purpose, more particularly pension...........
Constitution of India,1950, Article 223, 217 -- Appointment of Acting Chief Justice of High Court - Acting Chief Justice appointed u/art 223 of Constitution is not equated with Chief Justice appointed u/art 217 of Constitution - Petitioner being an Acting Chief Justice thus, not entitled to pensionary benefits including ceiling in pension which may be available to a..........
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
