Constitution of India, 1950, Article 226, 12 -- Writ petition against any decision of Co-operative Society - Not maintainable - Co-operative Society not a State under Article 12 of Constitution - Dismissal of employee by Co-operative Bank - Cannot be challenged in writ petition - Punjab Cooperative Societies Act (25 of 1961), Section 2(c)...........
Civil Procedure Code, 1908, Section 20 -- Contract as to jurisdiction of a Court It is well settled that clause excluding the jurisdiction or vesting the jurisdiction of a particular forum does not oust the jurisdiction of the appropriate Court. The jurisdiction of the Court to try a suit is vested in it by the Letters Patent or by the Constitution of India. The parties..........
Constitution of India, 1950, Article 227 -- As amended by Section 40 of Constitution (42nd Amendment) Act, 1976 - Retrospective effect cannot be given to sub-clause (5) of Article 227 - No effect on petitions filed before coming into force of amended Constitution - Pending petitions to be decided under unamended Article 227...........
Punjab Co-operative Societies Act, 1961, Section 55(1)(c) - - President of Co-operative Society challenging action of Managing Committee as being violative of Bye-law - Appropriate remedy - Reference of dispute to arbitration under Section 55 - Alternative remedy not availed of - Petitioner not legally entitled to any relief at the hands of High Court in writ petition -..........
Constitution of India, 1950, Article 226 -- Validity of Act - Law enacted by Legislature which has power to enact, which does not offend any of the Fundamental Rights guaranteed by Part III of Constitution and does not contravene any other provision of Constitution - Objection that provisions of a statute are: (i) vague, or (ii) mutually inconsistent - Act cannot be..........
Civil Procedure Code, 1908, Section 141 -- As amended by Amendment Act - Explanation to S.141 CPC says that any proceeding under article 226 of the Constitution of the India does not come within the meaning of the word `Proceedings' occurring in S.141 CPC...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - No bar when question of initial jurisdiction or violation of rules of natural justice pleaded - If no useful purpose would be served by resorting to alternative remedy - High Court can interfere in writ - Existence of alternative remedy - May justify dismissal of writ petition at the stage..........
Constitution of India, 1950, Article 226 -- Person in whose favour impugned order was passed - Not joined as a party - Writ petition not competent...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Mis- statement or suppression of material facts in writ petition - Sufficient ground for rejecting the petition...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Joint petition - Competency of - Mere fact that a common question arises for consideration - Not enough to justify making of a joint petition...........
