Constitution of India, 1950, Article 226, 311, Regional Rural Banks Act, 1976, Section 30, Disciplinary enquiry -- Punishment - Enquiry against one set of employees and they found to be guilty in enquiry - Guilt upheld even by appellate authority and punishment of dismissal awarded - Enquiry against other set of employees thereafter - Employees though had denied charge..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 2, 39, 51(c) -- Occupancy tenants - Proprietary rights - Writ petition - Alternative remedy - Held, appeal is maintainable against order of Assistant Collector Ist Grade before Collector within 30 days - Appeal can be entertained after expiry of said period of limitation if appellate Court is satisfied that appellant..........
Constitution of India, 1950, Article 226 -- Juvenile Justice (Care and Protection of Children) Act, 2000, S.2(i) (as amended by S.4 of Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, Ss.7A, 19, - Habeas corpus - Detenue was 17 years 5 months 26 days old at time of commission of offence - He already spent more than 11 years in jail - He was a..........
Constitution of India, 1950, Article 226, Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, 10 -- Preventive detention - Writ petition against - Opinion expressed by Advisory Board that sufficient grounds of detention are made out - Held, such opinion would not be a fetter on power of High Court to declare detention as illegal...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 154(1), 156, 162, 41, 173 -- Registration of second FIR - Violation of fundamental right - Registration of second FIR in different police station for same offence is not permissible - It violates fundamental right of accused u/Art.21 - Even in cases where two or more police stations have..........
Constitution of India, 1950, Article 226 -- Multiple FIRs - Duty of High Court - Held, it would be wholly inappropriate for Court, in cases where multiple complaints are registered in different police stations in relation to very same incident, to exercise restraint, await completion of investigation and permit violation of fundamental rights of a citizen u/Art.21 of..........
Punjab Municipal Act, 1911, Section 13(1), Constitution of India, 1950, Article 243U -- Municipal Council - Determination of term - Whether meeting of MC held on 22.07.2008 would be first meeting which was disrupted due to quarrel ensued at instance of members themselves or would be meeting dated 24.07.2009 when 9 members were administered oath for their office or meeting..........
Punjab Municipal Act, 1911, Section 13(1), Constitution of India, 1950, Article 243U - - Municipal Council - First meeting - Held, explanation of S.13(1) of the Act itself provide that first meeting would be meeting of newly constituted municipality held for election of President and Vice President - It is nowhere provided that said meeting should be successful as well -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute other than one which is created a new..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Held, power u/Art.227 is merely a revisional jurisdiction and does not confer an unlimited authority or prerogative to correct all orders or wrong decisions made within limits of jurisdiction of Courts below - Where special legislation does not provide for second appeal or revision,..........