Divorce Act, 1869, Section 10, Constitution of India, 1950, Article 21 -- Divorce - Denial of right of divorce - Held, violates right to live under Article 21 of the Constitution...........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution of India - Insecticide Act, 1968, Sections 3(K)(i), 17, 18, 29 and 33 - Insecticide Rules, 1971 - Rules 10, 16, 18, 19 and 36 - Sample - Complaint - Petition for quashing - The State raising a moot point of fact by urging that it is a matter yet to be decided by evidence that whether..........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution of India - Complaint - Petition for quashing - Complaint u/Ss.499/500/107 IPC - The order passed by the Magistrate summoning any person as an accused no doubt is a conviction in nature and it is for the accused to convince that Magistrate that the said order can be recalled and that the..........
Criminal Procedure Code, 1973, Section 482 -- read with Article 227 of the Constitution - FIR - Registration of - Where allegation of (the complaint prima facie disclosed the cognizable offence it is not permissible to inquire into the allegation by the police without registration of the case and the police duty bound to first register the case under Section 154 of the..........
Constitution of India, 1950, Article 227 -- Power of superintendence of the High Court under Article 227 is not confined to administrative superintendence only but such power includes within its sweep the power of judicial review - High Court can interfere with finding of fact arrived at by Subordinate Court if not based on any evidence or based on manifest misreading of..........
Constitution of India, 1950, Article 226 -- Alternative remedy of appeal under the Act-Order passed without giving any reasons whatsoever - Wholly without jurisdiction-Cannot be said that jurisdiction of High Court under Article 226 invoked without sufficient reasons - Plea that impugned order cannot be challenged as remedy of appeal not exhausted-Not tenable...........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 8, 10 -- Licence to run Brick - Kiln subject to payment of composition fee - Order not beyond provisions of Section 8(2) - Remedy of appeal under Section 10 - Subsequent order cancelling licence - Earlier order of imposition of composition fee merged into subsequent order of..........
Haryana Urban Development Authority Act, 1977, Section 30, 15 -- Discretionary quota allotment of residential plots by Chief Minister-Validity of-Violative of Article 14 of Constitution - Criteria devised by Chief Minister vide note dated 21.11.1990-Neither word `distinguished' nor word `needy' defined in the Act or Rules or Regulations nor can be spelt out from documents..........
Constitution of India, 1950, Article 226 -- Plea that allotments made three years prior to issuance of notice by Court should not be disturbed in view of limitation prescribed under Article 113-Not tenable-Limitation Act, Article 113...........
Limitation Act, 1963, Article 58, 113 -- Levy of annual Sports Development Fees by Club on its life members - Members filed suit against club for declaration and injunction - Limitation - After circulation of resolution providing for levy of fee in 1986, club did not nothing except issuing a reminder in 1989 - For 10 years club took no action against plaintiff - It was..........
