Constitution of India, 1950, Article 226 -- Writ jurisdiction under Art.226 - Power of High Court under Art.226 is not akin to appellate power - It is a supervisory power - Court not to go into merits of decision taken by authorities concerned - High Court not to adjudicate upon disputed questions of fact - Person entering into contract cannot be allowed to wriggle out of..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4 -- Government land (Nazool Iand)-Lease of uncultivable waste land granted to member of Scheduled Castes-Land reclaimed and brought under cultivation - Ejectment after expiry of lease period being unauthorised-Not justified-Regularisation of possession after expiry of lease-Government required to..........
Constitution of India, 1950, Article 226 -- Alternative remedy-When no controversy on facts and point to be decided relates to interpretation of Policy decision of State Government-Not in the interest of justice to dismiss writ petition after a lapse of nearly 20 years on the ground of alternative remedy-Would clearly amount to doing injustice...........
Constitution of India, 1950, Article 226 -- Challenge to order of partition passed by Revenue Officer - While determining mode of partition, respect to agreement arrived at between the parties, their settled possession, nature of construction, installation of tube - wells, nature of cultivation, quality of land, duly taken note of - No violation shown of any of the..........
Constitution of India, 1950, Article 226 -- Challenge to impleading of petitioner (Officer of Co-operative Society) to dispute between Co-operative Society and another Officer referred to arbitration-Objection that impugned order only interim order therefore extra-ordinary jurisdiction should not be invoked-Arbitrator has no jurisdiction to proceed against another..........
Constitution of India, 1950, Article 226 -- Concealment of material facts-One of the impugned orders itself challenged in civil suit-Necessary for petitioner to mention all facts pertaining to filing of suit, order passed by trial Court on application for stay, order passed by First Appellate Court allowing appeal of respondent and order passed by High Court on revision..........
Constitution of India, 1950, Article 226 -- Allotment of plot, challenge to-Single Judge of High Court in Hazari Singh's case CWP 6698 of 1987 quashed order of allotment of plots to different persons-Division Bench in Nirmal Singh's case 1994 PLJ 201 DB held the judgment in Hazari Singh's case to be ineffective-Cancellation of plot of petitioner in pursuance of judgment of..........
Constitution of India, 1950, Article 129 -- The jurisdiction of Supreme Court is independent of the Contempt of Courts Act and power under Art.129 cannot be denuded, restricted or limited by the Contempt of Courts Act, 1971 - Held, there is no restriction or limitation on the nature of punishment that may be awarded while exercising its contempt jurisdiction...........
Constitution of India, 1950, Article 226 -- Stay of collection of octroi, challenge to on the ground of violation of principles of natural justice - Petitioner highest bidder at auction for collection of octroi duty, required to go ahead with his contract by furnishing Bank guarantee as well as executing agreement and thereafter allowed to operate agreement by collecting..........
Haryana Urban Development Authority( Erection of Buildings) Regulations, 1979 -- Regulations 2, 3-A - Green Belts areas and areas for Parking earmarked in Approved Layout Plan-Duty of HUDA Authorities to stand by their commitment when site auctioned or allotted that a particular site would be converted into a Green belt or would be used for Parking purposes-Once the area..........
