Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Constitution of India, 1950, Article 226 -- Eviction - Unauthorized possession - Warrant of possession - Eviction proceedings culminated in order dated 17.09.2004 - Petitioner filed writ petition in year 2010 - Inordinate delay in approaching Court not explained - Father of petitioner has already lost legal..........
Constitution of India, 1950, Article 226 -- Allotment of plot - Extension fee - Petitioner did not raise construction due to high tension transmission lines near plot - High tension transmission lines removed in 2003 - Held, petitioner justified in not raising construction on plot before 2003 - He is liable to pay extension fee on her plot from year 2003 - Petition..........
Constitution of India, 1950, Article 226 -- HUDA - Allotment of plot - Cancelling of draw of lots - Re-conduct - Validity - Respondents bifurcated members of SCs in two groups while inviting applications for allotment of plots in view of earlier notification which stands quashed by High Court - Issue with regard to creation of sub-classes among SCs and STs already decided..........
Constitution of India, 1950, Article 226 -- Registration of sale deed - Stamp duty - Petitioner prayed that Sub Registrar be directed to register sale deed by charging stamp duty/registration fee on amount of Rs.20,00,000/- on which he had purchased flat and not on basis of Collector's rates circulated by Deputy Commissioner - Petitioner has not produced sale deed for..........
Constitution of India, 1950, Article 226 -- Appointment of lambardar - Parallel proceedings - Authorities are not keeping track of proceedings initiated for filling up post of Lambardar - Held, this not only affects working of department but also results in multiplicity of litigation, unnecessary delay and complicate proceedings - Duplication of proceedings has happened in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Constitution of India, 1950, Article 226 -- Allotment of plot - Eligibility - Reserved category of disabled persons - Petitioner applied in reserved category of `disabled persons' and was successful in draw of lots - GMADA, however, refused to issue letter of intent and rejected his representation on ground that he being a no, resident of State of Punjab, is ineligible to..........
Constitution of India, 1950, Article 226 -- Allotment of plot - Eligibility - Reserved category of disabled persons - Held, disability certificate required to be attached by an applicant must have been issued either by civil surgeon of concerned district or any other authority as prescribed by Govt. of Punjab...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - The first and foremost requirement is that the petition must not be frivolous and it is filed in good faith - Additionally, the applicant must make a demand which is clear, plain and unambiguous - It must be made to an officer having the requisite authority to perform the act demanded - Furthermore, the..........
