Dispossession -- Private property - Forcible dispossession of a person of their private property without due process of law was violative of both human right and constitutional right u/art 300-A of Constitution...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Constitution of India, 1950, Article 226, Income Tax Act, 1961, Section 148 -- Reopening of assessment - Dismissal of writ petition challenging re-assessment - Challenge as to - None of the grounds raised in writ petition, challenging re-assessment has been considered by High Court on merits - High Court dismissed the writ petition in an unreasoned order - The bereft..........
Service -- Regularization - When employees were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by High Court in exercise of its jurisdiction u/art 226 of Constitution to absorb them in Government service and to regularize their services by creating supernumerary..........
License -- Cancellation of fair price shop license - Holding a license to run fair price shop cannot be said to be holding a civil post - Contention that Art.311 of Constitution shall be applicable is thoroughly misconceived...........
Constitution of India, 1950, Article 226, Rajasthan Judicial Service Rules, 2010, Rule 45, 46 -- Writ petition - Challenging discharge from Judicial service on ground of passing wrong order - Petitioner/Judicial Officer allegedly granted bail to accused in bribe case for extraneous considerations - Said allegations not supported with oral or documentary material - There is..........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 18 -- Extension of period of limitation - Delay in making reference to arbitral Tribunal - Arbitral Tribunal has power to condone delay in making reference - Therefore, u/art 136 of Constitution, this is not a fit case to interfere with award on the ground that reference was barred by limitation...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately since 2004 i.e 18 years have passed - Chances of reconciliation are impossible, as matter was referred to mediation but report was one of failure - Nothing really subsists in the marriage except mutual acrimony -..........
Madhya Pradesh Prohibition of Cow Slaughter Act, 2004, Section 11(5) -- Confiscation order passed u/s 11 of the Act - Truck of appellant was confiscated on account of criminal proceedings alone - Confiscation of appellant's truck when he is acquitted in criminal prosecution amounts to arbitrary deprivation of his property and violates right guaranteed to each person u/art..........
Bihar and Orissa Excise Act, 1915, Section 27(1).2(6) -- Excisable article - Power to impose excise duty on import, transport and manufacture - Wastage generated during rectification process was an impure spirit/weak spirit, which was not fit for human consumption - State has no power to levy excise duty on wastage of liquor after distillation as per S.27 of the Act and..........
