Indian Penal Code, 1860, Section 420, 506, Constitution of India, 1950, Article 227 -- Quashing of FIR - Offence u/ss 420, 506 IPC - Cheating to the tune of Rs.60 lacs by alluring to buy Nagmani which was a forged one - On demand to return back the money accused threatened to kill and further that he will be booked in some false case - Held, prima facie case indictable for..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - Transfer - Once the petitioner was not able to get an interim order of transfer, she had chosen to withdraw the suit to file the writ petition - The petitioner has no valid justification to withdraw the suit and then file writ petition having exercised his option for filing a civil suit at..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Transfer - Judicial review - Transfer as such is not a punishment and is a incidence of service - It is an administrative matter where there is hardly any scope of judicial interference - Merely because the petitioner has been detailed for census duty would not be a ground not to transfer her...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Res judicata - Dismissal - The earlier order passed by Division Bench of the Court, while remitting the case back to the respondents observed that the petitioner was clearly guilty of misconduct and had been rightly punished - The Division Bench had not upheld the punishment awarded and had remitted the case..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Writ petition - New plea - Pure question of law can be raised at any time of proceedings - Question of fact which requires investigation and inquiry, cannot be allowed to be agitated in a writ petition - High court cannot consider new case on facts or mixed question of fact and law which was not the case of the parties before..........
Constitution of India, 1950, Article 311(2)(b) -- Departmental enquiry - Dispensing with inquiry - Dismissal - Judicial review - Held that the satisfaction of the punishing authority cannot be lightly interfered and power of the Judicial review under Article 226 of the Constitution should not be exercised in the manner as the Writ Court will sit over the judgment of the..........
Constitution of India, 1950, Article 12, 14, 16, 226 -- Petitioner filed writ seeking directions to the Punjab State Co-operative Bank, Chandigarh to consider his claim for appointment to the post of Senior Account (Manager) - Held, co-operative bank is not a govt. within the meaning of Article 12 - Writ is not maintainable against Co-operative bank...........
Constitution of India, 1950, Article 12 -- Punjab Co-operative Societies Act, 1961, Punjab Co-operative Societies Rules, 1963 - Writ petition seeking direction to consider claim for appointment to the post of Manager in Punjab State Co-operative Bank - Held, petition not maintainable as co-operative bank is not a govt. - However, observed that all pleas and grounds taken..........
Constitution of India, 1950, Article 12, 226 -- Punjab Co - operative Societies Act, 1961 - Writ jurisdiction - Cooperative society - Alternative remedy - Writ maintainability - The share money of the State Government in the respondent - Cooperative Bank is only 0.36% - There is nothing on the record to suggest that the control over the society is of the State Government -..........
Constitution of India, 1950, Article 14, 226 -- Disciplinary proceedings - Delay in initiating - Punishment - Judicial review - The first respondent was in no way responsible for the payment of additional amount on account of solatium consequent to the Amendment of the Land Acquisition Act - The enquiry officer has gone into the factual aspects and arrived at a correct..........
