Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 34 -- Writ petitions - Seeking direction to pay statutory interest to petitioner u/s.34 of the Act - Liability to pay interest arises only u/ss.28, 34 of the Act - Since Land Acquisition Act is self-contained code, there is no scope for direction to pay interest in manner not contemplated u/ss.28..........
Electricity Regulatory Commissions Act, 1988, Section 3, 17 -- S.3 mandates the Central Government to establish Central Electricity Regulatory Commission - No such mandate has been imposed on the State Government to constitute such a Commission - Establishment of a State Commission by the State Government, therefore, is directory - Court cannot issue a writ or order..........
Constitution of India, 1950, Article 226, 227 -- Speaking order - Writ petition dismissed without passing speaking and reasoned order - Held, High Court, while disposing of writ petition, ought to have at least give some reasons for dismissing same and ought to have passed speaking and reasoned order - Order of dismissal set aside - Matter remitted back for decision afresh..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Chandigarh Allotment of Land to Co - operative House Building Societies Scheme, 1991, Clause 8 - Housing - Co - operative housing society - Plot allotment - Alleged delay in finalization of Zoning Plan - Zonal Plan sanctioned within a period of one month from the date it was applied - The delay in the process was..........
Constitution of India, 1950, Article 14 , 39 -- Equal pay for equal work - Petitioners working as Sanitary Inspectors in Health Department claiming parity in pay scale with Sanitary Inspectors in Municipal Committees - There is findings by the Court in two different writ petitions about the similar nature of duties - Disparity is apparent - The respondents directed to..........
Constitution of India, 1950, Article 14 , 16 -- Appointment - Selection of the petitioner for the post of Lecturer - Condition imposed in communication sent to petitioner to withdraw writ petition - Held that on selection/appointment, the petitioner should have been permitted to join without any such condition - Asking a person to withdraw a case from the Court by coercion..........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 226 -- Execution proceeding - Writ petition - Original decree holders have no objection for approximately 3.5 decimals of land to be retained by respondent No.7 as per the court's order - Even they have no objection in vacating the stay granted..........
Constitution of India, 1950, Article 226 -- Mandamus - Whether a writ of mandamus can be issued to grant sanction? - Held, no writ of mandamus can be issued to sanctioning authority to give sanction within a time frame - But considering involvement of public interest, it will be proper to direct sanctioning authority to take a decision in the matter as expeditiously as..........
Registration Act, 1908, Section 17, 32A, 34, Constitution of India, 1950, Article 226 -- Sale deed - Unilaterally executed deed of cancellation - Held, writ petition under Art.226 of the Constitution is maintainable challenging registration of a unilaterally executed deed of cancellation of a sale...........
Haryana Land Ceiling Act, 1972, Section 18(7) -- Specific provision of S.18(7) to deposit a sum equal to 30 times of the land holdings payable in respect to the disputed land or furnishing a bank guarantee with the Appellate or Revisional Authority not complied with - Provision is mandatory in nature - Mandatory provision not complied with - Writ petition is not..........
