Indian Contract Act, 1872, Section 72, Constitution of India, 1950, Article 300A, Delhi Development Act, 1957, Section 21 -- Allotment of flat/plot - Cancellation of allotment - Forfeiture of deposit amount by Delhi Development Authority (DDA) - On perception of fraud - In absence of any material such forfeiture partakes character of punishment and any such action against..........
Constitution of India, 1950, Article 14 -- Bid/Tender - Disqualification to bid - Non fulfillment of condition - One of the conditions of NIT/Tender document clearly prescribes that bidder must have experience of having executed work - On verification of petitioner`s bid it is found that the petitioner does not fulfill specific requirement/tender condition prescribed -..........
Constitution of India, 1950, Article 227 -- Writ petition - High Court did not decide the issue, which was subject matter of writ petition - Order of High Court set aside - Matter remitted to High Court for deciding writ petition afresh on merits...........
Constitution of India, 1950, Article 254, Transfer of Property Act, 1882, Section 58(c), Bengal Money-Lenders Act, 1940, Section 37A -- Inconsistency between State Act and Central Act - Order of Court declaring lending of money for land as conditional mortgage - Appellant challenging same on ground that Court failed to consider requirements of conditional mortgage u/s.58..........
Constitution of India, 1950, Article 240 - - Extinguishment of tenancy rights - As per plaintiff, defendant/elder brother after purchase of suit property agreed to transfer it in his favour and he is in possession of suit property since its purchase - It is not the case of plaintiff that he came into possession of suit property by dispossessing original owner/defendant -..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - For an offence or different offences committed in course of same transaction - Not permissible and is violative of Art.21 of the Constitution...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24, 22, Constitution of India, 1950, Article 226 -- Protection of property of senior citizen - Writ jurisdiction - Mere existence of alternative remedy under 2007 Act, does not denude High Court of its writ jurisdiction - Writ petition u/art 226 of Constitution is thus, maintainable at the instance..........
Arms Act, 1959, Section 21, Constitution of India, 1950, Article 21 -- Deposit for fire arms - For holding free and fair elections - Respondents cannot compel petitioners/arm licensees to deposit their firearms, unless their cases have been objectively reviewed/assessed by a competent authority in writing and after complying with the provisions of law - However, said order..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Constitution of India, 1950, Article 226 -- Writ of habeas corpus - Remand of accused - It is a judicial function - Challenge to order of remand is not to be entertained in a habeas corpus petition...........
