Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity and competency of sanctioning authority - Can be determined only during course of trial by way of examining/cross-examining of witnesses and by exhibiting of relevant documents - Before conducting trial, adjudication of same found to be premature - No interference warranted in order granting..........
Constitution of India, 1950, Article 32 -- Public interest litigation - Government bungalows allotted to former Chief Ministers under Ex-chief Ministers Residence Allotment Rules, 1997- Challenging validity of 1997 Rules - Locus standi of petitioner - Petitioner society comprised of retired civil servants, journalists and other persons who are residents of State of U.P...........
Allotment -- Of Government orchards on lease to private persons - Validity - High Court while dismissing grants in favour of appellants not examined whether stated policy of State to lease out orchards to private persons on nomination on long term basis was in public interest or not, which was the subject matter of challenge in remanded writ petitions - More so, High Court..........
Motor Vehicles Act, 1988, Section 138, 139, Chhattisgarh Motor Vehicle Rules, 1994, Rule 158 -- Constitutional validity of R.158 of the Rules, 1994 after amendment of 2013 - Prospective - Law laid down under R.158 of the Rules, 1994 is prospective in nature because it operates from date when it comes into force when it is enacted - Therefore, if law affects some persons..........
Service -- Selection - Post of Principals of PG/Degree colleges - Selection challenged on the basis of invalid appointment of members of Service Commission, as they ceased to hold office - High Court rightly held, that there was no scope to examine the validity of their appointment as members of Commission but applying the de facto doctrine, proceeded to hold strict..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute as to execution of MOU - High Court ought to decide the question of legality, validity and genuineness of agreement/MOU by itself - High Court was not justified in directing arbitrator to decide said question - Direction issued by High Court directing arbitrator to decide said..........
Tender -- Construction of dam - Cancellation of tender - Validity - Tender committee cancelled the tender due to lack of competition and re-invited fresh tenders - Decision of tender committee did not suffer from any arbitrariness or unreasonabless - Moreover, respondent neither pleaded nor established malafide exercise of power by tender committee - High Court was not..........
Negotiable Instruments Act, 1881, Section 138, 142, 142A -- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a right to defend..........
Electricity Act, 2003, Section 61, 62(4), Andhra Pradesh Electricity Reform Act, 1998, Section 29(9) -- Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, Regln.45-B - Levy of fuel surcharge - Ultra vires - Validity of Regulation 45-B of Regulation, 1999 in relation to S.61 of Electricity Act - As Regulations, 1999 framed under the..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Section 151 -- Secondary evidence - Photostat copy of agreement of sale - Suit for specific performance - Original agreement of sale was filed in earlier suit and was destroyed by Court - Certified copies of decree and judgment in said suit are exhibited and endorsement given by District Court showing that..........
