Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Recovery of Debts due to Banks and Financial Institutions Act, 1993, S.21, Banking Regulation Act, 1949, Ss. 21 and 35-A - One time settlement scheme floated by RBI for recovery of NPA's - Guidelines issued for implementation of said scheme, accepted by all..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Prevention of Food Adulteration Rules, 1955, Appendix-B - Sabji Masala - Sample found adulterated - Standard not prescribed for Sabji Masala - Analysis done with reference to standard prescribed for 'Curry Masala' - Held, prosecution in regard to an article for which no standards have been laid, applying the..........
Punjab Infrastructure Development Act, 1998, Section 4, Punjab Infrastructure (Development and Collection) Act, 2002, Section 25, Central Sales Tax Act, Section 14, 15, Constitution of India, 1950, Article 14, 286(3) -- Punjab Infrastructure Development Cess (Collection) Rules, 1998 - Act 2002 and Rules 1998 challenged being discriminatory of Article 14 and 286(3)..........
Criminal Procedure Code, 1973, Section 439(2), 437(5), 482, Constitution of India, 1950, Article 227 -- Cancellation of bail - Inherent powers - Bail granted to accused, but accused not released - No change in circumstances - Provision of S.437(5) and 439(2) cannot be invoked to cancel bail under such circumstances - However, High Court can decide the application for..........
Constitution of India, 1950, Article 14 -- Article 14 of the Constitution carries with it a positive effect - It cannot be invoked to perpetuate illegality...........
Service -- Dismissal - Of a civil servant - Procedure laid down in Article 311 Constitution of India be complied with...........
Service -- Dismissal - In the year 1992 and challenged in the year 2005 - Dismissal was on ground of conviction in a criminal case - Conviction set aside by a superior forum - Held, High Court ordinarily not to assist the tardy and indolent person - However, writ Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution may condone the delay..........
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 161 -- Discloser statement - Proof of - Held, there is no requirement either u/s 27 of the Evidence Act or u/s 161 Cr.P.C. to obtain signature of independent witnesses on record in which statement of an accused is written - Court has to consider evidence of investigating officer who deposed to the fact..........
Constitution of India, 1950, Article 226, 32 -- Alternative remedy - Adequate alternative remedy in the form of Article 226 of Constitution - Exhaustion of alternative remedies is a rule of convenience and discretion rather than a rule of law - At any rate it does not oust the jurisdiction of this Court to exercise its writ jurisdiction under Article 32 of the..........
Criminal Procedure Code, 1973, Section 433(c) -- Pardon power - Judicial review - Granting of pardon is in no sense an overturning of a judgment of conviction - An undue and unjustified exercise of pardon power is to be deplored - Judicial review of the order of President or Governor under Article 72 or Article 161, as the case may be, is available and their orders can be..........
