Constitution of India, 1950, Article 226 -- Writ jurisdiction - Challenge to denotification of principal market yard : (i) no circumstances for such a decision, and (ii) no facilities provided in new market yard - It is for Authorities to see and declare any area to be a sub-market yard or a principal market yard in consonance with the needs - High Court cannot sit as an..........
Constitution of India, 1950, Article 226(3) -- as amended by Constitution (42nd Amendment) Act, 1976, Section 58(2) Proviso - Writ petition dismissed as having abated because alternative remedy not availed of by petitioner - Time during which writ petition remained pending in High Court - To be excluded for purposes of limitation when alternative remedy is sought...........
Constitution of India, 1950, Article 226(3) -- as amended by Constitution (42nd Amendment) Act, 1976, Section 58(2) - Writ petition admitted before amendment of Constitution - Alternative remedy not availed of by petitioner - Writ petition cannot be heard on merits - Has to be dismissed as having abated. (81 C. W. N. 514 Distinguished)..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Review - Competent - Letters Patent Appeal filed against order allowing writ petition - Objection that review not competent under Order 47 Rule 1 Civil Procedure Code - Rigid provisions of Civil Procedure Code cannot stand in the way of High Court to do substantial justice between the parties - Order allowing..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court on occasions relies upon provisions of Civil Procedure Code - Rigid provisions of Civil Procedure Code cannot stand in the way of High Court to do substantial justice between the parties...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Mere delay - Relief cannot be denied - Delay is one of the factors to be taken into consideration while deciding matter on merits - Land Acquisition Notifications suffer from illegality - Challenge after 1-3/4 years - Fundamental rights of petitioner regarding property involved - Cannot be denied relief on..........
Constitution of India, 1950, Article 226 -- Writ petition - State not impleaded as a party - Authorities who passed impugned orders and landlord made parties - State as such not a necessary party...........
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)...........
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 -..........
Punjab Land Reforms Act, 1972 - - Constitutional validity of - Act included in Ninth Schedule as Entry 78 by Constitution (34th Amendment) Act, 1974 - Entitled to immunity conferred by Article 31-B - Act constitutionally valid - Does not suffer from any of the constitutional infirmities alleged in the writ petitions...........
