Constitution of India, 1950, Article 226 -- Writ - Exparte-order was passed whereby petitioner declared as foreigner - Fact that the proceedee has remained absent after filing written statement and documents - Cannot be a justification for Tribunal to give opinion against proceedee without considering materials brought on record - Order set aside - Petitioner granted one..........
Service -- Post of Junior Accounts clerk - Appointment of appellant was terminated due to one `S' having been reverted to his original post of Junior Accounts clerk, as promotion of `S' is cancelled - Both appellant and said `S' filed separate writ petitions challenging said order - When writ petition of appellant challenging his order of termination came for..........
Service -- Appointment - Post of Junior Accounts clerk - When `S' being promoted as Assistant Accountant and never returned to his original post of junior Accounts clerk till superannuation, and appellant continued to work on post of Junior Accounts clerk, it will be taking a too technical view that vacancy of original post shall come to an end by dismissal of writ..........
Limitation Act, 1963, Section 5 -- Condonation of law - Delay of 916 days in filing LPA - There was delay and laches in filing writ petition itself at first instance from which present appeal had arisen - Even though writ petition was filed after obtaining approval of Executive Council, no steps were taken to file writ appeal for 916 days after disposal of writ petition -..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Is one of the valuable right provided u/art.32 of Constitution, which in itself forms part of the basic structure of the Constitution...........
Constitution of India, 1950, Article 32 -- MLAs - Disqualification - Fundamental rights - Violation thereof - Speaker while exercising power to disqualify is Tribunal acting as quasi judicial authority - Validity of such order is subject to judicial review - No bar for Court to adjudicate issue under writ jurisdiction...........
Service -- Selection process - Post of Police constable - Re-appearance in Physical Efficiency Test (PET) - Respondents could not perform well in PET at short notice and fatigue due to overnight travel i.e at a distance of approximately 200 kms to 350 kms - High Court rightly provided them second chance to appear in five kilometer distance run which candidates are..........
Consumer Protection Act, 1986, Section 21(a)(ii), 19, Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission - High Court should avoid to entertain a writ petition against the order of State Commission, in view of availability of an alternative and efficacious..........
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 4 -- Eviction - Judicial review - Order passed by Collector u/s 4 of the Act is appealable before Commissioner and tenant if still aggrieved can invoke writ jurisdiction of High Court - Power of judicial review is always available and can be exercised by High Court when required and..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Power of High Court - In view of expression `any person' in Art.226(1) of Constitution, Courts recognized that jurisdiction of the High Court extended even over private individuals, provided the nature of duties performed by such private individuals are public in nature - Therefore, remedies provided u/art.226..........
