Constitution of India, 1950, Article 226, Maharashtra Industrial Development Act, 1961, Section 33, 36A, 35 -- Acquisition of land for industrial development - Claim for compensation - Rejection of petitioner's claim by SDO and grant of compensation to occupants (Tribals) of suit land - Agreements on basis of which petitioners are claiming are found to be void ab initio -..........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Constitution of India, 1950, Article 226 -- Writ petition - Non-payment of rent - Constitution of `Rent Resolution Commission' - No such order can be passed directing respondents to constitute such a `Rent Resolution Commission' without considering these issues in detail - Moreover, these are not issues for the Court in writ proceedings but matters of policy which lie in..........
Constitution of India, 1950, Article 226 -- Habeas corpus - Petitioner involved in 40 cases and is granted bail in 39 cases - He cannot be detained unendingly merely because State was unable to execute production warrants issued by concerned Court at Agra, directing his presence, particularly when said concerned Court is not functioning due to COVID-19 pandemic situation -..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where petition involves complex factual aspects which requires oral and documentary evidence, same cannot be adjudicated by High Court in exercise of its writ jurisdiction - Instead, High Court should have relegated petitioner to appropriate remedy for adjudication of all contentious issues between parties...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court ought not to have entertained writ petition against order passed by statutory authority by disregarding statutory limitation period, only because remedy of appeal against that order stood foreclosed by law of limitation...........
Constitution of India, 1950, Article 226, Advocates Act, 1961, Section 49(1)(d), Rules of Legal Education, 2008, Rule 2(24) -- `Regular approval' - Constitutional validity of R.2(24) of Rules - Challenging on ground that said Rule is ultra vires rule making power of Bar Council of India - In R.2(24) of Rules `Regular approval' includes earlier granted permanent approval to..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Subsequent events can be taken note of for varied purposes in a writ petition u/art 226 of Constitution...........
Constitution of India, 1950, Article 226 -- Disqualification of member of Rajya Sabha - Additional evidence sought after disqualification - Where subsequent event or conduct of member is relevant with respect to state of affairs as pertaining to time when member has incurred disqualification, that subsequent events can be taken into consideration by High Court in exercise..........
Constitution of India, 1950, Article 226 -- Power under Article 226 overrides any contrary provision in Statute - Power of High Court under Article 226 cannot be taken away or abridged by any contrary provision in Statute...........