Constitution of India, 1950, Article 226 -- Writ jurisdiction - It is not within ken of High Court in writ jurisdiction to declare any property as unencumbered one - Such rights between private parties cannot be made subject-matter of writ jurisdiction...........
Constitution of India, 1950, Article 226, Transfer of Property Act, 1882, Section 70 -- Accession of mortgaged property - Writ jurisdiction - It was not open to High Court to take up these questions under writ jurisdiction and to declare properties as unencumbered - It was for parties to agitate questions before DRT where recovery proceedings are pending...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Prima facie on strength of agreement to sell, particularly when possession had not been handed over to builder, it was not open to him to file writ application for demarcation of property as unencumbered property or otherwise...........
Constitution of India, 1950, Article 226 -- Writ petition - Maintainability - Disputed question with respect to properties inter se between Builder and Trust as to demarcation - Writ petition could not said to be appropriate remedy, particularly when order passed by Recovery Officer, DRT was not in question...........
Companies Act, 2013, Section 408, 410 -- Constitution of NCLT and NCLAT - Validity - Apex Court specifically rejected the contention that transferring judicial function, traditionally performed by the Courts, to the Tribunals offended the basic structure of the Constitution - Therefore, constitution of NCLT and NCLAT is held to be valid...........
Companies Act, 2013, Section 412(2) -- Constitution of selection committee of NCLT - Constitutional validity - Selection committee consists of 2 judicial members and 3 administrative members - In 2010 judgment `U.O.I Vs R.Gandhi President, Madras Bar Association' Apex Court had held that it ought to be a four member committee with equal division between the judicial and..........
Indian Penal Code, 1860, Section 292, Constitution of India, 1950, Article 19(1)(a) -- Obscene speech - Freedom of speech and expression as enshrined u/art.19(1)(a) of Constitution is not absolute in view of Art.19(2) of Constitution - Freedom conferred u/art.19(1)(a) of Constitution includes a right to express dissenting opinion...........
Constitution of India, 1950, Article 32, 142 -- Government advertisements - Directions to impose special curb on such advertisements on eve of election - Legitimate object of advertisement can be achieved without publication of photograph of functionary in State of political party - Therefore, Apex Court issued parameters for advertisement that except in case of President,..........
Electricity Act, 2003, Section 61, 66, 86(1)(e), Constitution of India, 1950, Article 14, 51A, 19(1)(g) -- Rajasthan Electricity Regulatory Commission (Renewable Energy Obligation) Regulations, 2007, Rajasthan Electricity Regulatory Commission (Renewable Energy Certificate and Renewable Purchase Obligation Compliance Framework) Regulations, 2010 - Imposition of..........
Constitution of India, 1950, Article 226 -- Finding of High Court as to sufficiency and adequacy of reasons and authenticity and acceptability of information on which satisfaction had been reached by authorities - In the nature of an appellate exercise - Not permissible under Article 226...........
