Constitution of India, 1950, Article 142 -- Precedents - Relief given on special facts, exercising power under Art.142 is not a precedent...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Mandatory injunction - Restraining Municipality from grant of licence to run power loom in residential locality on ground that will cause nuisance - Power of Municipality or local body cannot be whittled by Civil Court - However, plaintiff who will be affected by the running of a power loom is required to be heard before the..........
Electricity Supply Act, 1948, Section 26 -- Security - Board has power to make regulations to demand security from the consumers - Security is an advance payment of electricity consumption charges - There is nothing to indicate under the scheme of Electricity Act or Schedule VI of the Supply Act that interest must be paid on security deposit...........
Passport Act, 1967, Section 5(2), General Clauses Act, 1897, Section 21 -- Date of birth - Wrongly recorded in passport - Passport Officer has power to alter/amend entries with respect to birth/place of birth...........
Prisons Act, 1894, Section 59(5), Criminal Procedure Code, 1973, Section 433A -- Remission to convicts - Classification between life convicts who committed murder of more than one person and other life convicts - Held, State Govt. has power to make classification - Classification validly made does not offend Article 14 of Constitution of India...........
Prisons Act, 1894, Section 59(5), Criminal Procedure Code, 1973, Section 54, 55, 432, 433, 433A -- Remission to convicts - No convict has a fundamental right of remission or shortening of sentence - State, however, in exercise of its executive power of remission must consider each individual case keeping in view the relevant facts - Power of State to issue general..........
Service -- Abolishing a post - Role of Court - Summarized as : (a) the power to create or abolish a post rests with the government; (b) whether a particular post is necessary is a matter depending upon the exigencies of the situation and administrative necessity; (c) creation and abolition of posts is a matter of government policy and every sovereign government has this..........
Constitution of India, 1950, Article 14, 226, Land Acquisition Act, 1894, Section 4, 6 -- Release of land from acquisition - Discrimination - Release of other person's land do not automatically confer a right to claim violation of Article 14 - Power to release land falls within policy of a Government - Till such time, the power is not demonstratively arbitrary or violative..........
Punjab Land Revenue Act, 1887, Section 45 -- Correction in revenue record - Jurisdiction of Revenue Officers - After preparation of jamabandi, Revenue Officers have no power to correct the same - Aggrieved party has to seek the remedy or relief from Civil Court...........
Civil Procedure Code, 1908, Section 152, 151 -- Court can correct decree in exercise of its power u/s 152 as also u/s 151 CPC...........
