Constitution of India, 1950, Article 226, 227 -- Maintainability of Writ - Civil Suit filed - Dismissed - Subsequently writ petition filed - Maintainability of writ challenged in view of earlier dismissal of civil suit - Civil Suit dismissed on ground of jurisdiction of Civil Court to entertain Civil Suit - No judgment given on merit - Dismissal does not debar filing of..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- Displaced Persons (Compensation and Rehabilitation) Rules, 1955 - Petitioner being displaced person allotted house by custodian department on rent - Public auction of house - Appeal against auction u/s 22 of Act - Settlement Commissioner/Managing Officer held petitioner eligible for transfer of house - Rs..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Ejectment from unauthorised possession - Question of title raised - Land leased by Gram Panchayat - Lease expired - Possession not delivered back to Gram Panchayat - Ejectment petition u/s 7 filed - Question of title raised - No documentary evidence to prove ownership - Proceeding u/s 7 cannot be stalled..........
Constitution of India, 1950, Article 22(5), 226, 32, Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, Section 3 -- Preventive detention - Writ against order dismissed - Second petition on new and fresh grounds which were available but not taken is maintainable - Whether..........
Punjab Land Revenue Act, 1887, Section 16, 117, 118, 121 -- Partition - Naksha `Be' approved - Challenged - During pendency of revision, partition proceeding completed - Sand taksim issued - No remedy provided under the Act against final order of partition of land - Final partition can only be challenged by way of writ petition - Revision not maintainable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(ii), 11 -- Petition u/s 11 of the Act claiming right, title and interest in the land on the basis of possession prior to 1950 - Land exempted from definition of 'shamlat deh' and not vested in panchayat in view of sec. 4(3)(ii) - Land never reserved for common purpose during consolidation - Respondent no. 3..........
Constitution of India, 1950, Article 226, 227 -- Appointment of Lambardar - Interference in writ jurisdiction - Lambardar appointed by totally ignoring the merits of one of the candidates - Ordinarly choice of Authorities under Act not to be interferred - Ignorance of merits of a candidate warrants inference in writ jurisdiction...........
Criminal Procedure Code, 1973, Section 54, 157, Delhi Special Police Establishment Act, 1946, Section 2 -r/w CBI Manual - Constitution of special police force for investigation of certain offences in Union Territories - Anonymous complaint to CBI as to corrupt practices and financial irregularities - CBI Manual providing for detailed procedure - CBI conducted preliminary..........
Haryana Agricultural Credit Operations and Misc Provisions (Banks) Act, 1973, Section 8 -- Recovery of loan amount - Interest on outstanding amount - Loan advanced for purchase of tractor - Default in repayment - Application for recovery of loan amount - Exparte order for payment of money due - Order challenged on following grounds - (i) counsel failed to appear on..........
Punjab Co-operative Societies Rules, 1963 -- Period for convening meeting - Writ petition for quashing proceedings/resolution of meeting - Challenge on ground of short notice - Provisio to rule providing short notice to convene meeting after permission from Registrar - Permission sought from competent authorities - No interference warranted in view of provisio...........
