Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Caste certificate -- Verification - Committee declined to verify caste certificate on ground that certificate issued to a migrant from another State - Committee committed error in declining to verify a certificate issued, validity and genuineness of which was not in issue - Moreover, caste certificate was not issued by another State - Appellant thus, held a valid caste..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Service -- Daily wagers - Regularization - Respondents being Daily wagers seeking regularization in accordance with scheme floated by State of Gujarat and approved by S.C. - Court directed regularization of all those daily wagers who were eligible in accordance with scheme phase wise - Right to be regularized in accordance with scheme continues till all eligible daily..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Wilful disobedience of order of Supreme Court - Supreme Court vide its order passed interim order directing State of Haryana to release sufficient water to keep Wazirabad reservoir full - However, there was no failure on part of State of Haryana in releasing water in accordance with MOU - Petitioner has failed..........
Constitution of India, 1950, Article 19, 368(2) -- Entry 44 List I - Constitution (Ninety Seventh Amendment) Act, 2011, Part IXB - Procedural infirmity - Amendment added `cooperative societies' to protected forms of association u/art. 19(1)(c) of Constitution elevating it to a fundamental right and also inserting Part IXB of Constitution Amendment Act laying down terms to..........
Stamp Act, 1899, Section 47A(4) -- (as amended in State of U.P) - Deficient stamp duty - Penalty - Collector is not empowered to impose penalty u/s 47-A(4) of the Act - Only power vested in Collector is to determine market value of property...........
Stamp Act, 1899, Section 47A(4) -- (as amended in State of U.P) - Deficient stamp duty - Penalty - Neither there is any reference of on spot inspection report or sketch map in impugned order of determining deficiency of Court fee and imposing penalty, nor same has been filed in the counter affidavit by respondents to refute the allegations made by petitioner in writ..........
Release of prisoners -- Prisoners already released on bail from jail by virtue of orders passed by SC from time to time and on the basis of recommendations of different High Powered Committees constituted for the purpose - Therefore, they shall not be asked to surrender to prison until further orders - However, since Court is not made aware about criteria being adopted by..........
