Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Petitioner worked as Sarbrah Lambardar for 30 years without being appointed as such - Petitioner failed to show that he had requisite educational qualification - Held, petitioner cannot seek advantage of illegal act which allowed to perpetuate for quite..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, Criminal Procedure Code, 1973, Section 107, Constitution of India, 1950, Article 22(5) -- Detention - Legality - Sub Inspector of Police has reported to 3rd respondent that proceedings u/s 107 Cr.P.C. had been initiated against detenu and, in turn, 3rd respondent has reported that fact to second respondent -..........
Constitution of India, 1950, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Writ petition - Alternative remedy - High Court should not normally interfere in writ petition when a statutory remedy of appeal is available to approach Debts Recovery Appellate Tribunal against order of Debts Recovery Tribunal..........
Punjab Panchayati Raj Act, 1994, Section 199, 216 -- Recovery from Ex-Sarpanch - Appellate authority u/s.216 of the Act has considered entire material and found that determination of loss by BDPO was not correct and it corrected the same by reducing amount of recovery to Rs.22,085/- - Held, interference is not required in impugned order in exercise of writ jurisdiction -..........
Ranbir Penal Code, 1989, Section 45, 54, 55, 57, Jammu and Kashmir Criminal Procedure Code, 1989, Section 35(2), 401(1), 402, Prisons Act, 1894, Section 3(1), (5), Prisoners Act, 1900, Section 32, 51 - - Release of prisoner - Imprisonment for life - Petitioner seeking his release from detention on ground that he has already completed 20 years and 11 days of sentence -..........
Writ jurisdiction -- Locus standi - There must be a judicially enforceable right available for enforcement, on the basis of which writ jurisdiction is resorted to - However, Court can enforce the performance of a statutory duty by a public body, using its writ jurisdiction at the behest of a person, provided that such person satisfies the Court that he has a legal right..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 4, 5, 21(h), 2(22b)(4), 2(22b)(5) -- Ejectment - Validity - Court below found that petitioner could not be considered owner merely on basis of copies of ration card and electricity bill - Contention on behalf of petitioner that in an abadi deh, there may not be any title deed and possession..........
Constitution of India, 1950, Article 226 -- Writ of Certiorari - When to be issued - Held, wherever body of persons having legal authority to determine questions affecting rights of subjects and having duty to act judicially, act in excess of their legal authority - Writ of certiorari may issue...........
Civil Procedure Code, 1908, Order 23, Rule 1, Constitution of India, 1950, Article 226 -- Partition proceedings - Writ petition - Maintainability - Held, once the petitioners had invoked the alternative remedy of filing a civil suit to challenge the instrument of partition, they can not be heard in a writ petition once they had not succeeded in Civil Court and permitted to..........
Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal - Extraordinary original civil jurisdiction - Held, when cl.10 of the Letters Patent refers to an appeal from the Single Judge to a Division Bench, it is not relatable to the exercise of ordinary original civil jurisdiction by Single Judge of High Court - When writ jurisdictions are being exercised as..........
