Constitution of India, 1950, Article 14, 226 -- Judicial review - Judicial review of a policy decision, especially an economic policy decision, shall have to be restricted to the presence of just and valid reasons eschewing arbitrariness, so as not to fall foul of Art.14 of Constitution - In the garb of judicial review, the Court will not examine the sufficiency or..........
Constitution of India, 1950, Article 14, 226 -- Refund of CST - Misuse of exemption, fraudulent claims for refund affecting financial health and coffers of the State - Can certainly be valid and germane reasons in the larger public interest, to restrict or revoke the benefit...........
Constitution of India, 1950 -- Writ of certiorari - Change of liquor vend - Non speaking order - In the instant case, letter directing shifting of liquor vend within revenue limit of village from present location to some another suitable location which is away from the village was made - As per evidence on record, letter was neither speaking order nor order was passed..........
Education -- Establishment of educational institution - Grant of approval for academic year 2018-19 - Validity - Petitioners applied for approval to establish the institution for academic year 2017-18 - Deficiencies pointed by Expert Visit Committee (EVC) for grant of approval - Petitioners were fully aware of the deficiencies i.e sharing of same piece of land and some of..........
Constitution of India, 1950, Article 129, 215 -- Contempt jurisdiction - Quasi-judicial in nature...........
Constitution of India, 1950, Article 129, 215 -- Contempt jurisdiction - Court of Law while exercising contempt jurisdiction is not entitled to enter into questions which were not dealt with in the judgment or order passed by it...........
Constitution of India, 1950, Article 215, Contempt of Courts Act, 1971, Section 10 -- Contempt of Court - Power to High Court to punish - Contempt of Courts Act can neither curtail nor stultify High Court`s power, which is Court of record to punish for contempt and it is only in addition to powers conferred on it under Art.215 of Constitution...........
Constitution of India, 1950, Article 227 -- Writ of mandamus - Recruitment - Petitioner was awarded 8 marks for being daughter-i, law of village, 45 marks for her educational qualification and 8 marks in interview, thereby totalling 61 marks - Respondent having obtained 8 marks for being daughter-i, law, 45 marks for her educational qualification and 7 marks in interview,..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing - Merely because administrative function of competent authority to grant sanction for prosecution is not made dependent on any opportunity of hearing being extended to public servant concerned, it cannot be said that such a prosecution would impair dignity of an individual..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........
