Arbitration and Conciliation Act, 1996, Section 11(6) -- Contract Act, 1872, Section 28 - Arbitration agreement - Appointment of Arbitrator - Challenge to validity of clause 23 of the agreement which provided that the arbitrator's determination `final and binding between the parties' and the parties have waived all rights of appeal or objection `in any jurisdiction' -..........
Constitution of India, 1950, Article 14, 15, 19(1)(g) -- Punjab Excise Act, 1914, S.30 - Challenge to constitutional validity of S.30 of the Act - S.30 of the Punjab Excise Act, 1914 declared violative of Article 19(1)(g), Article 14 and Article 15 of the Constitution are unconstitutional and inoperative to that extent it imposes restrictions upon the employment of women..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Challenge to the legality and validity of action taken by various banks and financial institution under the provisions of Act of 2002 by invoking the doctrine of sub silentio - Challenge held not sustainable...........
Constitution of India, 1950, Article 14,16, Haryana Civil Services (Executive Branch) and Allied Services and other Services Common/ Combined Examination Act, 2002, Section 1(2),1(23),3,4 -- Punjab Civil Service (Executive Branch) Rules, 1930, Rule 3 - Challenge to validity of Act of 2002 - Held that retrospectivity in the Act cannot be held to be ultra vires except first..........
Constitution of India, 1950, Article 29,30, 51A -- Education policy - Imposition of Marathi language by Maharashtra State Government as a compulsory study in schools run by linguistic minorities - Challenge to constitutional validity - Held that impugned decision taken by the Government of Maharashtra is within the regulatory ambit of Article 30 - It is a reasonable one,..........
Constitution of India, 1950, Article 226 -- Challenge to costing of plots allotted in furtherance of Policy of the State and development and industrial growth in the State - Unless quite contrary to law, would not normally be gone into by Court in exercise of writ jurisdiction - But where controversies raised are substantial and are founded on record of Authorities..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Interest (Enforcement) Rules 2002 - Security - Challenge to the legality and constitutional validity of the provisions of the Act and the Rules - Matter subjudice before the Apex Court where large number of writ petitions/special leave petitions pending -..........
Constitution of India, 1950, Article 226 -- Amendment of writ petition - Cannot be allowed at belated stage - Amendment aimed at challenging order of ejectment and penalty passed 10 years back by Assistant Collector under Section 7 Punjab Village Common Lands (Regulation) Act - Remedy of appeal not availed and want to avoid payment of penalty - Cannot be permitted to..........
Punjab Land Reforms Act, 1972, Section 3(4), 3(10), 4, 5, 7, 8, 9 -- Constitutional validity of-Challenge in respect of artificial definition given to family-Negatived by Supreme Court to pari materia definition of family in Haryana Ceiling on Land Holdings Act in Seth Nand Lal's case 1980 PLJ 470-Act extinguishes rights of landholder as a measure of agrarian..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale - By father - Challenged by son - Court Fee - Payable as per sale consideration in the sale deed - Contention of plaintiff that property is ancestral and coparcenary property and that he is not impugning the sale transaction but in fact he is asserting his right in the property in dispute and also challenging the right of..........
