M.P. Municipalities Act, 1961, Section 138(ia), 149, Constitution of India, 1950, Article 226 -- Writ petition - Alternative remedy of appeal - Appellate Court u/s 149 of the Act, though have a jurisdiction to adjudicate the dispute arising in respect of any land or any building to assessment or as to the amount of tax assessed - But, it will be beyond jurisdiction of the..........
Constitution of India, 1950, Article 226, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Initiation of recovery proceedings - Writ petition - Maintainability - Petitioners have more effective and efficacious remedy available to them u/s 17 of the Act - Hence, no relief can be granted to petitioners in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Writ petition - Earlier writ petition highlighted instances of illegal excavations and violations of Forest Conservation Act - However, none of said matters appeared in subsequent writ petition, as instances highlighted in subsequent writ petition are completely independent of those projected in earlier petition and..........
Grievance Redressal Authorities (GRA) -- Harassment/victimization of Tribals (adivasis) - Issues and grievances highlighted in writ petition have required some assessment of factual aspects of matter - Since victims come from disadvantaged and underprivileged strata, Court directed to constitute GRAs - Direction issued...........
Haryana Panchayati Raj Act, 1994, Section 176, Limitation Act, 1963, Section 5, 14 -- Election petition - Election was held on 24.01.2016 and results was also declared on same day - Limitation to file election petition is 30 days - Writ petition was filed within period of limitation i.e. 11.02.2016 which was disposed of to avail statutory remedy on 15.02.2016 - Election..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Rajiv Gandhi Pariwar Bima Yojna - Administrative authorities are under legal obligation to record cogent reasons in support of their orders, while deciding valuable rights of citizens - It does not appeal to reason as to why copy of actual order passed by competent authority is not being supplied to..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - While not supplying copies of actual orders and in place thereof, only communication about order is totally uncalled for practice which does not appeal to reason at all and cannot stand judicial scrutiny under any circumstances...........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Rajiv Gandhi Pariwar Bima Yojna - Claim - Delay - Unless petitioner was issued disability certification, petitioner would not have been eligible even for applying for any compensation under scheme - After issuance of disability certificate petitioner applied well within period of six months and in such..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Rajiv Gandhi Pariwar Bima Yojna - 100% disability - Since genuine claim of petitioner has been declined in most arbitrary manner, forcing him to approach High Court, petitioner would be entitle for receiving amount of Rs.1 lac alongwith interest @ 9% per annum from date of application till actual payment..........
Constitution of India, 1950, Article 226, 227 -- Writ - Certiorari - Rajiv Gandhi Pariwar Bima Yojna - Claim - Delay - To resolve issue of any alleged delay, as and when FIR is registered, said information could have been easily passed on by concerned police station to concerned Sub Divisional Officer (Civil) of area, who in turn may initiate further process, at level of..........
