Constitution of India, 1950, Article 226 -- Writ jurisdictio, During pendency of writ petition fresh orders made by Consolidation Authorities - Petitioners took part in those proceedings and took the chance of allotment in their favour according to their liking - Fresh orders not challenged and against which no relief sought - Petitioners not debarred from asking High..........
Punjab Co-operative Societies Act, 1961, Section 67A -- Validity of - Not ultra vires - Remedy of appeal not an inherent right of a perso, Legislation not bad if remedy of appeal not provided - Constitution of India, 1950, Article 14. Section 67-A of the Punjab Co-operative Societies Act is not ultra vires Article 14 of the Constitution of India. (Para 7) Where it was..........
Punjab Co-operative Societies Act, 1961, Rule 5, 11 -- Election to Committees - Unopposed candidate - Must be declared elected there and then. Rule 5 of the Rules of Election to the Committees of Co-operative Societies, which were promulgated on May 5, 1972, in the State of Haryana, says that there should be separate election programme for each zone and Rule 11 lays down..........
Punjab Co-operative Societies Act, 1961, Section 67A - - Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 14. Where it was contended that Section 67-A of the Punjab Co-operative Societies Act as added by Haryana Act No. 15 of 1973 is violative of Article 14 of the Constitution inasmuch as it provides different procedure for recovery of certain..........
Punjab Land Revenue Rules, 1887, Rule 15 - - Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 16(2). Rule 15 of the Punjab Land Revenue Rules lays dawn that while appointing a village headman, the Collector shall among other matters have regard to the hereditary claim of the claimants, the extent of the property in the estate possessed by the..........
Constitution of India, 1950, Article 226 -- Writ jurisdictio, During pendency of writ petition Authorities acting contrary to mandatory provisions of law - Cannot create impediments in way of petitioner getting relief. The Authorities by acting contrary to the mandatory provisions of law cannot create impediments in the way of the petitioner, for getting relief under..........
Punjab Co-operative Societies Act, 1961, Section 56 -- Constitutionality of - Not ultra vires.
Where it was contended that Section 56 of the Punjab Co-operative Societies Act is ultra vires the Constitution of India inasmuch as it vests arbitrary and unguided powers in the Registrar to adopt a procedure for disposing of the private disputes - the Registrar on receipt of..........
Punjab Gram Panchayat Act, 1952, Section 13B -- Election petition dismissed in default - Application under Order 9 Rule 9 Civil Procedure Code for restoration of election petition barred by time - Section 12(2) Limitation Act not applicable - Time spent in obtaining certified copy of order - Can be extended only under Section 5 Limitation Act after recording a finding that..........
Constitution of India, 1950, Article 227 -- Jurisdiction revisional in character - Exercised to keep inferior Tribunals within bounds of law. The jurisdiction under Article 227 of the Constitution is revisional in character and it is exercised to keep the inferior Tribunals within the bounds of law as regards the exercise of their jurisdiction...........
Constitution of India, 1950, Article 226 -- Writ jurisdictio, Dismissal of writ petitio, High Court does not affirm order of Tribunal impugned - Principle of merger of orders of inferior Courts in orders of superior Court - Not applicable to writ petitions under Article 226. The principle of merger of orders is applicable where statutory remedies by way of appeal or..........
