Constitution of India, 1950, Article 227 -- High Court - Superintendence over Subordinate Courts and Tribunals is both administrative and judicial which can be exercised suo motu also - While exercising such power High Court cannot influence the subordinate judiciary to pass any order or judgment in a particular manner - Extraordinary power under Article 227 can only be..........
Constitution of India, 1950, Article 21 -- Speedy trial - Purpose of speedy trial is to prevent delay - Right to a speedy trial is a part of fair, just and reasonable procedure implicit in Article 21 of Constitution of India...........
Constitution of India, 1950, Article 136 -- Judgment of acquittal by High Court - Article 136 is a special jurisdiction - State did not file an appeal before Supreme Court - Private party can invoke jurisdiction of Supreme Court under Article 136 of Constitution of India - Appeal under Article 136 of Constitution is entertained by special leave granted by this Court,..........
Service -- Termination - Working for 240 days in a given year - Burden of proof is on the workman - Burden is discharged upon the workman adducing cogent evidence, both oral and documentary - Mere affidavits or self-serving statements are not sufficient to discharge the burden - Since in the case of daily wage earner there will be no letter of appointment or termination..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 9 -- Forum to challenge notification and declaration issued u/s 4 & 6 of Land Acquisition Act - Jurisdiction of Civil Courts - Civil suit not maintainable to question notification and declaration - Writ remedy available under Article 226 of Constitution..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention order - Challenged on ground that translated copies of all documents, statements and other material not furnished within statutory period of five days to detenu - Documents in English - Within 10 days translated documents made available to detenu -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3 -- Provision of S.3 of the Act of Public Premises is not violative of Article 14 of Constitution...........
Constitution of India, 1950, Article 77 -- Allocation of Business Rules, 1961 - Estate Officer - Appointment by Finance Department whereas under Rules of business appointment could be made by Central Govt. in the Urban Department - Held, Business Rules are not mandatory - Appointment not vitiated - Rules of Business are administrative in nature for governance of its..........
Service -- Dismissal from service - High Court modified the punishment by way of stoppage of two increments with cumulative effect and quashed the order of dismissal from service and ordered reinstatement - Charges serious - Four out of five charges proved beyond any doubt - High Court has limited scope of interference in the administrative action of State in exercise of..........
Specific Relief Act, 1963, Section 9 -- Agreement to sell - Suit for specific performance - Limitation - Scope of - Whether suit bared by limitation or not would not only depend upon nature of agreement but also the conduct of the parties and how they understood the terms and conditions of agreement - It is to be seen whether any time is fixed for performance of agreement..........
