Constitution of India, 1950, Article 226 -- Respondent-Union are claiming their right under provisions of Tamil Nadu Industrial Establishment (Conferment of Permanent State to Workmen) Act, 1981 - High Court while deciding writ petitions and connected matters did not consider the fact whether Act is applicable to members of respondent-Union - Held, that submission appears..........
Constitution of India, 1950, Article 226 -- Review - High Court not addressed submissions made by appellant - Order passed by High Court set aside and request High Court to address the issue raised in review petition regarding availability of alternate land belonging to Government and other public authorities and pass a speaking order...........
Constitution of India, 1950, Article 226 -- Writ petition - Error apparent on the fact of record - If there are any errors which have crept in the judgment of High Court then it shall be open for the appellant to take out the same in the review application...........
Constitution of India, 1950, Article 226, Power of Attorney Act, 1882, Section 1A, 2 -- Writ petition - Competency of attorney to file - Writ petition can be filed through power of attorney holder, provided following safeguards are followed: (i) power of attorney by which donor authorizes the donee, must be brought on record and must be filed together with petition; (ii)..........
Constitution of India, 1950, Article 226 -- Allotment of land - For the purposes of manufacturing salt - Land reserved for the said purpose no more available for allotment - Application for allotment of land dismissed - Revision filed after 5 years of said dismissal rejected on the ground of delay - Matter was challenged again before High Court after a delay of five years..........
Constitution of India, 1950, Article 226 -- Writ - Delay - While exercising jurisdiction u/art. 226 of Constitution, High Court is not bound by any strict rule of limitation - If substantial issues of public importance touching upon fairness of governmental action do arise delayed approach to reach Court will not stand in way of exercise of jurisdiction by Court. (Para..........
Constitution of India, 1950, Article 226 -- Writ petition - Any person affected by any proceedings under Protection of Women from Domestic Violence Act, 2005, prior to initiation of proceedings u/s 12 of said Act, may prefer Special Criminal Application u/art 226 of Constitution if proceedings are beyond the scope and ambit of Act or without any authority in law - However,..........
Constitution of India, 1950, Article 309, 320(4), 226, 14 -- Locus standi - Challenge against mode of recruitment by General category candidate - General category candidate has no locus standi to challenge recruitment of reserved class, on principle that unequals cannot be treated equally...........
Constitution of India, 1950, Article 226, 14 -- Cancellation of tender notice - Setting aside of cancellation order by High Court - Challenge against by Corporation - Said order passed by Corporation with bonafide intention to serve the best interest of corporation, to protect the public money - Action of Corporation is not found to be arbitrary and therefore, not..........
Constitution of India, 1950, Article 226, Madhya Pradesh Fisheries (Gazetted) Service Recruitment Rules, 1987, Rule 15, Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961, Rule 12(c) -- Service Law - Promotion - Scope of Judicial Review - Preparation of list of suitable officers - High Court can remit the matter to DPC for fresh consideration only if..........
