Court : Delhi
Reported in : 166(2010)DLT1
..... it may be noted that the recruitment rules framed by the delhi high court, in exercise of powers under article 229 of the constitution of india, on 15.09.1972 do not provide for any reservation for the members belonging to the scheduled caste and scheduled tribe, either at the stage of initial appointment or at the stage ..... following further declaration that ccsthe principles of natural (cca) rules, 1965 are notjustice and naked violation of applicable to the high courtarticle 14, 16, 46, 311(2), staff in view of rule 11 of335, 338 of the constitution delhi high courtof india being the same establishment (appointmentsaction/memo taken/issued by and conditions of service)the respondent under the rules, 1972.central, civil service(classification, control andappeal) rules, 1965 which arenot applicable to the ..... october, 1975 without test under article 14, 15 and 16(4) of the constitution of india giving to the petitioner one post out of 77 posts of permanent nature just as 4 persons like s/shri jagjit singh ..... thew.e.f the date on which seven petitioner as an automaticallyofficials belonging to the confirmed assistant w.e.fupper caste were promoted to october 1975 without testthe post of regular assistant under article 14, 16(4) of thevide impugned memo constitution of india giving tono. ..... hon'ble supreme court of india after admission on 19.6.1984 for the post of superintendent and is quashed ..... of india and ..... of india is trying her best to uplift the people of downtrodden community in .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT238; 2003(2)SLJ96(Delhi)
..... 1998 did not make any classification in regular officers the corrigendum for re-employed officers would not and could not make such a distinction and, thereforee, such a classification is discriminatory and vocative of articles 14 & 15 of the constitution of india and, thereforee, void. 7. ..... government of india, : (1993)illj1101sc the supreme court observed that denial of the revised pensionary benefit to those who were absorbed prior to a certain date, such as the appellant therein is vocative of articles 14 and 16 of the constitution of india. in d.s ..... of the aforesaid increase in the age of retirement corresponding increase was also made by the government of india, ministry of defense so far the terms and conditions of services of re-employed retired regular officers are concerned ..... thereforee, as of today all three forces constituting the armed forces are in parity with regard to the maximum age of re-employment having revised age up to 58 years irrespective of the date of ..... when the present writ petition was pending in this court, the government of india on their own took a decision to delete from the memorandum the rider of the cut off date of ..... enhanced superannuation age to the members of the unit to which the said employee belonged while the same was granted to the members of the other unit amounted to discrimination and was vocative of article 16 of the constitution. 13. in t.s. ..... , could be specifically made to the decision of the supreme court in union of india and anr. v. k.t. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIIAD(Delhi)967; 60(1995)DLT546
..... (1) this is a petition under article 226 of the constitution of india seeking relief for the issue of the writ of mandamus directing registration of f.i.r. ..... this relief may be obtained in a properly constituted suit and not in a petition under article 226 of the constitution of india (r.m. ..... (9) having regard to the facts and circumstances of the case, we are not inclined to interfere in the matter in exercise of our extra-ordinary jurisdiction under article 226 of the constitution of india. .....
Tag this Judgment!Court : Delhi
Reported in : (2007)2CompLJ433(Del)
..... however, even on this ground the petitioner is not entitled to invoke the jurisdiction of this court under article 226 of the constitution of india for implementation of rights of petitioner pursuant to order dated 6.9.2006 or any of the rights which have accrued to the petitioner under the memorandum of understanding ..... it was further contended that this court should not exercise its jurisdiction under article 226 of constitution of india since complicated disputed questions of fact are involved in the petition and even the complaints with ..... that even if the writ petition is maintainable, this court should not exercise its jurisdiction under article 226 of the constitution of india as this court will not have territorial jurisdiction as petitioner is from mumbai, so are respondent no. ..... the petition invoking jurisdiction of this court under article 226 of the constitution of india no such offer has been made on behalf of the petitioner company.17 ..... 2 and, thereforee, present petition under article 226 of the constitution of india is maintainable against the respondents.12. ..... should facilitate the implementation of the order dated 6.9.2006 cannot be enforced under article 226 of the constitution of india by a separate writ petition. ..... not maintainable as the petitioner has suppressed the material facts and in any case for implementation of an order under section 9 of arbitration and conciliation act, 1996, a writ petition under article 226 of the constitution of india is not maintainable. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi223; ILR1975Delhi84
..... expression 'state' would be regulated by the original definition under the general clauses act or the one that emerged after the adaptation of laws order 1956 pursuant to article 372a of the constitution of india, was, however, answered, by the supreme court in the negative and it was held that the new definition which was a result of modifications and adaptations under article 372a would not ..... behalf and no such law has been made by parliament: that 'union taxation' would mean taxes which the union is empowered to impose; that by virtue of article 265 of the constitution of india, every tax must have its licensing in law and that the union taxation must, thereforee be co-extensive with the power of parliament to make laws: that by virtue of article 246(4) of the ..... i or list iii alone would form -part of union taxation, that the act was not made by parliament by virtue of power under article 246(4) of the constitution of india: that union had no power to impose tax on property arid that the property of the various states in the union territory would thereforee, not be exempt from this tax. ..... of union taxation within the meaning of article 289(1) was if the proceeds from it formed part of the consolidated fund of india under article 266(1) of the constitution of india: that the proceeds of tax on property under the act did not form part of the consolidated fund of india but were kept by the committee for its own purpose: that the tax on property was enumerated as one of the subjects .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi450
..... ble judges of the high court of lahore and it could only be exercised by the hon'ble judges and since the said notification was continued in force after the commencement of the constitution of india by virtue of article 313 of the constitution of india and the reference in the notification to the hon'ble judges of lahore high court would, by virtue of the provisions of the aforesaid article and of sections 7 and 18 of ..... raised on behalf of the respondents that the term 'hon'ble judges of the high court' should be construed in the light of the corresponding provisions made in the constitution of india notably article 229 of the constitution of india which empowers hon'ble the chief justice of the high court or any other hon'ble judge or officer as he may direct to make appointment of officers and servants ..... chief justice to exercise the administrative and executive power of this court and it was contended that such a power was consistent with the provisions of article 229 of the constitution of india under which the appointment of all the officers and servants of this court were to be made by the hon'ble the chief justice or by any such judge or officer of this ..... learned counsel further contended that neither chapter 9a nor chapter 18 of the high court rules and orders nor the language of article 229 of the constitution of india could possibly lend colour to the phraseology used both in the notification delegating the authority to the hon'ble judges of the high court, as indeed .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi535; 1982LabIC1309; 1982(2)SLJ665(Delhi)
..... of the questions raised was that the president while pur' porting to act under article 239 of the constitution of india could not confer the powers of he state government under the act to the lt. ..... 39 of the act, but he could not do so under article 239 of that constitution of india; and that while acting under section 39 of the act, the president could have delegated the powers to the ..... 675 dated march 24, 196 5 published in the gazette of india on april 1, 1961, the president, in pursuance of clause (1) of article 239 of the constitution of india and in supersession of the two earlier notifications, directed that the powers and functions of the 'state government, under the act, except in so far as they relate to any industrial dispute concerning the employees' state ..... whether the president of india while administering the union territory of delhi under article 239 of the constitution of india could confer upon the ..... the constitution of india contains several provisions laving down the powers and functions of ..... the scope and ambit of the powers of the central government as conferred by section 39 of the act, in that, the president while administering the union territory of delhi by virtue of the powers conferred by article 239 of the constitution of india. ..... we assume, that the president who is the executive head of the union territory is not functioning under the constitution as the head of the union of india, even then in any case he is the administrative head of the union territory. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2003Delhi317
..... in order to appreciate the submissions of learned counsel for the parties, which we will notice shortly, relevant entries of the three lists in the constitution of india, before and after the constitution (42nd amendment) act, 1976 and as they existed in government of india act, 1935, are being quoted.9. ..... the government of india act, 1935 and the constitution of india embody three distinct concepts, namely, 'constitution and organisation of courts'; 'jurisdiction and powers of courts'; and 'administration of justice'. ..... learned attorney general urged that there are certain fundamental differences in the structure and wording of the entries, as they existed in the legislative lists under the government of india act, 1935 and as they exist in the constitution of india. ..... the impugned amendment seeks to amend the act of parliament, the subject matter of which does not fall in any of the items either under list-ii or list-iii of the 7th schedule of the constitution of india. ..... high court was a provincial subject under government of india act, 1935 and entry 1 in list ii accordingly was read as a composite entry, namely, administration of justice and constitution and organisation of all courts including the high court being a provincial subject obviously all courts included the high courts. ..... entry 1 in list-ii in government of india act was 'administration of justice; constitution and organisation of all courts, except federal court'. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)CTLJ179(Del)
..... state of kerala : air2007sc2891 , the apex court held that 'in terms of article 141 of the constitution of india, the declaration of law made by this court is binding on all courts, a' fortiori such directions would also be binding on all authorities. ..... the general clauses act, 1897 definesindian law' thus:section 3 (29)'indian law' shall mean any act, ordinance, regulation, rule, order, bye-law or other instrument which before the commencement of the constitution had the force of law in any province of india or part thereof, or thereafter has the force of law in any part a state or part c state or part thereof, but does not include any act of parliament of the united kingdom or any order in council ..... state of rajasthan reported at : air1997sc3011 laid down guidelines in exercise of the power under article 141 and article 32 of the constitution of india in all cases relating to sexual harassment of women at the workplace. ..... it is equally well settled that under article 142 of the constitution of india, the supreme court is empowered to take aid and assistance of any authorities for doing complete justice in any cause or matter pending before it. ..... uoi under article 129 of the constitution of india read with section 12 of the contempt of court act and rule 3(3) of the supreme court rules was filed against the present defendants in the apex court with regard to their violating the directions made by the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi17
..... the maintenance of internal security act, 197l hereinafter referred to as the ala, by this petition under am 226 of the constitution of india prayed that a writ in the nature of habeas corpus be issued to respondents 1. ..... constitution of india, ..... 16-a of the act was no longer available, grounds of detention were sent by the superintendent of police, cid (sb) who affirmed the necessity to detain the petitioner in the interest of security of india and the defense of india, and lastly because of a technical flaw in the language of the detention order of march 21, 1977 that order being revoked on april 21, 1977 without referring the matter to the advisory board and ..... the context of the rule of law laid down by the supreme court and the fundamental rights guaranteed by articles 21 and 22(5) of the constitution that we say that the grounds of detention, whether to be communicated or not, must exist before la detaining authority can pass an ..... at the behest of or on the dictation of superior or other authority, if not by a mechanical adoption of the views of the home ministry of the government of india, the home department of the delhi administration and the superintendent of police, cid(sb), delhi that it was necessary to detain the petitioner under the act.31. ..... the petitioner contended that respondents 1, 2 and 7 acted at the behest and directions of 'extra constitutional personalities' in the persons of respondents 4 and 5 and the exercise of power under the act was thus mala fide, .....
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