Constitution of India, 1950, Article 227 -- Writ Jurisdiction - Exercise of - Power is unfettered but subject to high degree of judicial discipline and interference is to be kept at minimum...........
Constitution of India, 1950, Article 14 -- Natural justice - Petrol pump dealership - Termination of - Validity of - 30 years old dealership was terminated even without giving show-cause notice and/or giving an opportunity of hearing - Clearly indicates that the entire exercise was carried out by respondent Corporation on no, existent, irrelevant and on extraneous..........
Constitution of India, 1950, Article 16 -- Appointment - Regular or contractual - Power of Government - Held, power to make a contractual employment is implicit in the power to make a regular permanent appointment unless the statute under which the authority exercises its powers and discharges its functions or the Rules & Regulations governing recruitment under the..........
Constitution of India, 1950, Article 226 -- Judicial review - Contractual matter - Exercise of - Held, judicial review of matters that fall in the realm of contracts is also available before superior courts, but the scope of any such review is not all pervasive - It does not extend to Court substituting its own view for that taken by the decisio, making authority -..........
Constitution of India, 1950, Article 226 -- Judicial review - Contractual employment - Termination - Validity of - Held, termination of a contractual employment in accordance with terms of contract was permissible and employee could claim no protection against such termination even when one of the contracting parties happened to be the State...........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3(iii)and2(1)(b), Constitution of India, 1950, Article 14, 19(g) - - Allotment of shops - Classification between wholesale dealers and katcha artiyas - Vires of R.3(i)(iii) - Held, said rule creates reasonable classification between wholesale dealers and katcha artiyas and is based on..........
Civil Procedure Code, 1908, Order 6, Rule 17, Constitution of India, 1950, Article 226,227 -- Writ petition - Amendment of written statement - Allowed - Trial Court has taken a reasonable view - Held, once reasonable view is taken and findings are not perverse, even though another view is possible, is no ground to entertain writ petition u/arts 226 & 227 of Constitution..........
Constitution of India, Article 227 -- Addition evidence - Closing of evidence - Defendant Nos. 2 and 3 sought permission for directions to trial court to allow photographs of signatures of plaintiff appearing on some documents to be taken by handwriting expert and to allow him to compare signatures to give report and depose in court in support thereof - Record of case..........
Right to Information Act, 2005, Section 3, Constitution of India, 1950, Article 19(1)(a), 19(2) -- Right to information - It is part of fundamental right to free speech and expression guaranteed u/art. 19(1)(a) of Constitution - However, said right is subject to reasonable restrictions...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 136 -- SLP - Apprehension of petitioner that observation made by High Court while deciding petition u/s 482 Cr.P.C. is likely to influence proceedings in trial - Held, observation confined to consideration of petition u/s 482 Cr.P.C. - Trial Court shall consider the matter on it's own merits..........
