Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Constitution of India, 1950, Article 227 -- Power of superintendence conferred on High Court - Administrative as well as judicial - Capable of being invoked at the instance of any person aggrieved - May even be exercised suo motu - Paramount consideration - Paving the path of justice and removing any obstacles therein - Power under Article 227 wider than that under Article..........
Constitution of India, 1950, Article 226, 227 -- Power to issue writ of certiorari and supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where judicial conscience of High Court dictates it to act lest a gross failure of justice or grave injustice should occasion - Care, caution and circumspection need to be exercised, when any of the..........
Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - Orders and proceedings of a judicial Court subordinate to High Court - Amenable to writ jurisdiction of High Court under Article 226 - Error apparent on face of record can be corrected by certiorari - In writ of certiorari High Court may quash the proceedings of the tribunal, authority or Court but may..........
Contempt of Courts Act, 1971, Section 2(b) -- Break in Service - Condonation of delay - Power to condone delay can only be exercised in case servant would vacate,if condonation is not granted - In present case, there was no question of B to vacate the service - Therefore, Statute not empowered the Vice-Chancellor to condone the break in service...........
Essential Commodities Act, 1955, Section 7, Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 -- Gas cylinders - Seizure by ASI of Police - ASI of Police has no power to seize the cylinders - It is only Officer of Department of Food and Civil Supplies not below the rank of Inspector who is specifically authorised by notification, who can exercise..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch, Up-Sarpanch or Panch in cases in which only enquiry contemplated or pending - Should be ordered only if allegation/charge on which enquiry contemplated or initiated extremely serious and if proved may lead to removal of such representative - Importance of these posts and offices cannot be undermined..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Expression 'adequate opportunity to explain' - Not defined in the Act or Rules - Expression represents statutory embodiment of one of the fundamental postulates of natural justice i.e. audi alteram partem - Authority entrusted with power to take action against any person - Should give action-oriented notice to that..........
Consolidation of suits -- Three suits relating to management of educational society pending in three different courts - Parties not identical - Suo motu power of transfer exercised without notice to parties - All the three suits consolidated to be decided by one Court...........
Permanent injunction -- Joint Hindu Family property - Karta's power of alienation - Injunction at the hands of coparcener - No injunction at the hands of a coparcener can be issued against the Karta of Joint Hindu Family restraining him from alienating the coparcenary property - Though a coparcener has an interest in the coparcenary property by birth, but he is not..........
