Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - Ambit and scope of - Finding recorded by Financial Commissioner on issue of default (in payment of rent) - A pure finding of fact - Interference rightly declined...........
Negotiable Instruments Act, 1881, Section 138 -- Territorial jurisdiction - Cause of action arises at a place where the cheque was drawn, or a place where the cheque was presented, or a place where the payee made a demand for payment of the money by giving a notice in writing to the drawer within the stipulated period and at a place where the drawer failed to make the..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Scope - When any citizen or person is wronged, the High Court will step in to protect him, be that wrong to be done by the State, an instrumentality of the State, a company or co-operative society or association or body of individuals whether incorporated or not, or even an individual - Right that is infringed..........
Service -- Uttar Pradesh Co-operative Land Development Bank - Is an instrumentality of State or authority as mentioned under Article 12 of the Constitution and as such amenable to writ jurisdiction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Order 38, Rule 4, 5 -- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should be some positive averments..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - To achieve the ends of justice or to undo the wrong during the pendency of proceedings before the Court - Jurisdiction vested in the Court under Section 151 and the jurisdiction ex debito justitiae certainly not outsted merely on the existence of another remedy...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Civil Court has no jurisdiction to go into correctness of orders of Prescribed Authority, Appellate Authority and Revisional Authority passed under the provisions of the Act...........
Haryana Urban Development Authority Act, 1977, Section 17(5), 17(6) -- One of the grounds in appeal that order of resumption contrary to principles of natural justice specifically pleading that notices issued under Section 17 not served on appellant - Appellate Authority brushed aside this vital point by observing that notices issued to appellant - Non - adjudication of..........
