Constitution of India, 1950 -- Article 226 - Policy decision - Judicial review - While exercising power of judicial review, the Court cannot substitute its own decision for the decision of the Government - The Court, no doubt can quash and set aside the decision, if it is illegal, ultra vires, unreasonable or otherwise objectionable...........
Explosives Act, 1884, Section 9B (i) (b) -- Sentence - Recovery of 180 Detonators - Quantities seized clearly disproves that seized article were intended to be used for digging wells - Detonators of a company at Rourkela in Orissa - Recovery at Surat - Accused person tried to run away when Police tried to apprehend them are relevant factors - Conviction upheld...........
Karnataka Rent Act, 1999, Section 69, 70 -- During pendency of special leave to appeal in Supreme Court Karnataka Rent Control Act, 1961 repealed and Karnataka Rent Act, 1999 came into force - Jurisdiction of Supreme Court under Article 136 Constitution of India neither curtailed not taken away - Held, appeal to be decided on merits...........
Constitution of India, 1950, Article 227 -- Arbitration and Conciliation Act, 1996, Sections 5, 23(3) and 34(2) - Arbitration proceedings - Interim order - Revisional jurisdiction - Interference by High Court - Held that under Article 227 of the Constitution revision will not lie against an interim order by an arbitrator appointed under a private agreement between the..........
Constitution of India, 1950, Article 227 -- Arbitration and Conciliation Act, 1996, Sections 5, 23(3) and 34(2) - Arbitration proceedings - Revisional jurisdiction - Refusal by Arbitrator to allow the petitioner to amend and to set up counter claim or take other claims - Held that it is not open to be challenged in exercise of jurisdiction under Article 227 of the..........
Limitation Act, 1963, Article 64, 65 -- Applicability of two provisions - Article 64 is restricted to suits for possession on dispossession or discontinuance of possession - Article 65 is a residuary article applying to suits for possession not otherwise provided for - Suit based on plaintiff's title in which there is no allegation of prior possession and subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Relief of declaration whether falls under Article 58 or Articles 64, 65 of Limitation Act - Question to be decided at the trial - Amendment of plaint seeking relief of declaration allowed...........
Consumer Protection Act, 1986, Section 2(1)(g), (r) -- Shares -Deficiency in service - Forfeiture of shares - Issuance of partly paid shares to appellant-complainant in compliance with order passed in previously filed complaint in which appeal was decided in the year 1999 - The order in appeal not challenged by appellant-complainant by filing revision before the National..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 14 -- Limitation Act, 1963, Article 100 - Surplus area - Limitation - New plea - Plea of limitation neither raised before both the Courts below nor it was examined - The question concerning the period of limitation being a mixed question of fact and law, which has to be determined by adducing proper evidence by the..........
Prevention of Food Adulteration Act, 1954, Section 23, 7(iv) -- Pan Masala, Gutka (containing tobacco) - Its manufacture, sale and storage banned by State Food (Health) Authority - Notification quashed as (1) Power to ban food article vests in Central Government and not in State Authority; (2) State Authority can ban the article as a transitory measure in emergent..........
