Constitution of India, 1950, Article 14,226 -- Writ of mandamus - Equality - Appointment - Claim for - On a plea that some other persons similarly situated have been appointed - Held that a writ of mandamus can be issued by the High Court only when there exists a legal right in the Writ Petitioner and corresponding legal obligation in the State - Only because an illegality..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact - New plea - Plea regarding non-completion of 240 days of continuous service not raised in the writ petition - It was raised only at the time of final arguments - The same cannot be entertained - The Court in its writ jurisdiction ought not to interfere with the findings of facts arrived at by..........
Haryana Canal and Drainage Act, 1974, Section 55 -- Change of warabandi - Claim of residue water (Jhara) - Dispute as to entitlement of Jhara settled earlier by Superientending Canal Officer (SCO) - Subsequent application for shifting of turn of water on plea of partition of land as per mutation - Application allowed by SCO - Challenged in writ. Held - (i) Earlier order of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence of defendant closed - Amendment sought to incorporate facts as to previous suit and filling of writ petition - Factum of previous suit and writ petition very well in the knowledge of defendants - Failed to raise plea at relevant time - Not open to defendants to raise plea after..........
Punjab Land Revenue Act, 1887, Section 111, 116, 121 -- Family Partition - Mode of partition finalised - Partition proceedings on plea of family partition - Order vide which mode of partition finalised not challenged - No material on record to indicate that family partition was incorporated in revenue record - No judicial notice of plea of family partition can be taken in..........
Contempt of Courts Act, 1971, Section 2 -- Civil contempt - Wilful disobedience - Order of High Court directing Director of School Education to grant approval of appointment of petitioner - Plea of respondent that appointment order was issued contrary to Recruitment Rules, rejected - Successor in office (District Primary School Council) even though not party respondent to..........
Constitution of India, 1950, Article 226 -- Public Premises (Eviction of Unauthorised Occupants) Act, 1972, Section 22(e)(ii) - U.P. Planning and Development Act, 1973, Section 27 - Writ jurisdiction - Equitable relief - Encroachment on public land - Admission in writ petition that petitioners have raised construction on public land - Plea that only after initiating..........
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 11A -- Industrial - New Plea - Petitioner did not allege before the labour court that principal of natural justice not followed and inquiry was defective or conducted in breach of rule - In absence of such pleadings tribunal is not bound to decide the question suo moto as a preliminary issue -..........
Constitution of India, 1950, Article 226 -- State Financial Corporation Act, 1951, Sections 9,23 and 39 - Punjab Financial Corporation (Staff) Regulations 1961, Regulations 65,66 and 92 - Judicial review - House rent allowance - Conveyance re-imbursement - Medical re-imbursement - Directive of the State Government to the respondent Corporation to pay the same to its..........
Constitution of India, 1950, Article 226 -- Land Acquisition Act, 1894, Section 4(1) - Writ jurisdiction - Vagueness of public purpose - Plea of - When no prejudice has been demonstrated nor could be reasonably inferred, it would be unjust and inappropriate to strike down the notification under Section 4(1) on the basis of a nebulous plea, in exercise of writ jurisdiction..........
