Court : Delhi
Reported in : 1979CriLJ94; 15(1979)DLT245; ILR1979Delhi170; 1979RLR46
..... singh both stated that the gold was being carried to bhiwani for sale; (7) intelligence reports received in september, 1977 indicate that both of them still continued to deal in smuggled gold ; and (8) under article 22(6) of the constitution, the administrator considered it against public interest to disclose the source of information or intelligence mentioned in grounds 2 to 7 above and considered it against public interest to disclose further facts regarding the information referred to in grounds 2 ..... (2) the constitution of india stands alone in enabling ..... so-called subjective satisfaction of the detaining authority is found to validly rest under section 3(1) of the act which in turn is valid as procedure established by law under article 21 of the constitution are suddenly exposed to the objective scrutiny of the advisory board or the law courts when they are commun,icated to the detenu ..... frowned upon preventive detention laws primairly aimed against political offenders and evolved special rules of interpretation of the preventive detention laws and the relevant provisions of the constitution to narrow down the ambit of the preventive detention and to broaden the scope of personal liberty. ..... the one hand, and the an,ti-social acts and economic offences, on the other, that the law commission on mature consideration agreed that if preventive detention is to be retained at all in the constitution it should be so retained only for preventing these antisocial acts and economic offences. .....
Tag this Judgment!Court : Delhi
Reported in : 39(1989)DLT169
..... of action wholly or partly has arisen in delhi; (2)that the respondent-society is not a corporation or a creature of the statute and does not fall within the definition 'state' as defined under article 12 of the constitution of india; (3)that it is neither the instrumentality nor the agency of the government. ..... imparting education and, thereforee, a petition under article 226 of the constitution of india for issue of a writ of certiorari or mandamus or both is ..... (6) in the present petition, under article 226 of the constitution of india, the petitioner has sought the issuance of an appropriate write, order or direction for quashing the charge sheet dated 8-4-82 and 22-9-82 issued by the respondent society and all subsequent proceedings thereon ..... -a of the constitution of india, the parliament can by law provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of sen ice of persons, appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of government of india or of any corporation owned or con,trolled by the government of india. ..... admitted facts alleged in the petition leave no doubt that the respondent society is fully funded and controlled by the central government and thus a state within the meaning of article 12 of the constitution of india amenable to the writ jurisdiction. .....
Tag this Judgment!Court : Delhi
Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223
..... j&k; 132, (33) relying on the observations of the supreme court in the case of rajas than state electricity board (supra), it was held that 'in order to categorise any person or authority within article 12 of the constitution of india, the authority must be a statutory authority, must be set up under a statute with powers which include power to give direction, the disobedience of which is punishable as a criminal offence', and that 'if these two ..... any 'industrial dispute' regarding promotion, that the corporation was not included within the definition of 'state' in article 12 of the constitution of india for the purposes of part iii of the constitution, and, thereforee, the workmen or employees of the corporation could not claim to be governed by the provision in article 16(1) of the constitution, and that the dispute sought to be raised by the employees' association was not, thereforee, an 'industrial dispute' within the meaning ..... employees' association was that the industrial finance corporation of india is a statutory corporation and is included within the definition of 'state' in article 12 of the constitution of india for the purposes of part iii thereof and, thereforee, the workmen or employees of the corporation, by virtue of article 16(1) of the constitution, had a fundamental right of equality of opportunity even in matters relating to promotion, that in view of the provision in article 16(1) of the constitution the criteria of promotion employed by the corporation must .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... of the constitution of india. ..... : [1973]3scr39 (31), in that case the validity of act was challenged on various grounds; one of them being that it was in violation of article 14 of the constitution in as much as it empowered the acquisition of land at prices lower than those which would have been payable if the same had been acquired under the land acquisition act. ..... row (1952(3) s c r 597 :- 'beforeproceeding to consider this question, we think it right to point out, what is sometimes over looked that our constitution contains express provisions for judicial review of legislation as to its conformity with the constitution, unlike as in america where the supreme court has assumed extensive powers of reviewing legislative acts under cover of the widely interpreted due process' clause in the fifth ..... (56) no doubt the law may be declared invalid by the courts in india if the legislature has no power to enact the law or that the law violates any of the fundamental rights guaranteed in part iii of the constitution or it is inconsistent with any constitutional provision, but that does not entitle the court in striking it down on the ground of vagueness vide municipal committee, arnritsar and another ..... india : [1957]1scr233 this view was not accepted and the court held that section 5(7a) of the indian-income-tax act was a measure of administrative convenience and was constitutionally valid and did not infringe any of the fundamental rights conferred by articles 14 and 19 of the constitution .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi341
..... (1) the petitioners have instituted three writ petitions under article 226 of the constitution of india in connection with the imposition of sales tax on old or second hand motor tyres and tubes which were by ..... urged that the proviso infringes article 14 of the constitution of india, because it treats registered dealers and unregistered dealer unequally ..... a registered dealer and an unregistered dealer are equally placed in this respect and, thereforee, the proviso infringes article 14 of the constitution of india. ..... it was held that in making an enactment under any of the entries in the constitution, the state legislature had the power to make ancillary provisions such as might be necessary to ..... come to deal with another question which has been raised by the petitioner regarding the constitutional validity of the proviso. ..... by the high court that the power of seizure and confiscation granted went beyond the legislative competence of the state legislature because it was outside item 54 of list ii of the seventh schedule to the constitution relating to taxes on the sale or purchase of goods and also that the provisions infringed article 19(l)(f) and (g) of the constitution. ..... hold that the impugned proviso of the notification and the provisions of section 5-a of the bengal finance (sales) tax act, 1941 as modified are not ultra-vires of the constitution. ..... thereforee, hold that the applicability of the proviso only to registered dealers is ultra virus of article 14 of the constitution. .....
Tag this Judgment!Court : Delhi
Reported in : 50(1993)DLT532; 1993(26)DRJ99
..... petitioners, numbering two, by this petition filed under article 226 of the constitution of india seek a declaration that 4 of the delhi high court (amendment) act, 1991 (for short 'the amending act') is ultra virus the constitution and section 10 of the delhi high court act, 1966 (forshort''the ..... (2) it is discriminatory; (3) even if valid the exercise of power by the chief justice is vitiated because he did not exercise the power himself and his consulting the full court or constituting the committee of three judges amounted to delegation of power; (4) and section 4 in any case would not apply to pending proceedings and no pending proceedings could be transferred. ..... the chief justice before exercising his discretion under section 4 of the amending act first constituted a committee of three senior judges working on the original side of the high court which took into account the past practice and after obtaining ..... ramaswamy said a provision will be invalid if there was no legislative competence, or it was ultra virus the constitution, or it prescribed a special procedure which was arbitrary, but he said arbitrariness in a provision was normally no ground to question that provision when ..... court by name and the second respondent is the chief justice by' designation, the third, fourth and fifth respondents, respectively, being union of india in the ministry of law, justice and company affairs; the administrator, union territory of delhi; and the high court of delhi through its .....
Tag this Judgment!Court : Delhi
Reported in : 2006(86)DRJ668
..... the petitioners have high-lighted the plea of their fundamental rights under article 19(1)(g) and articles 14 and 15 of the constitution of india being violated and seek to draw a vital distinction between the right to trade in liquor which is indisputably not guaranteed as a fundamental right, and the right of the petitioners 2 to 4 guaranteed under article 19(1)(g) to carry on their ..... , it is not in dispute that far from banning the liquor trade as envisaged under article 47 of the constitution of india, which provision was relied upon by the respondent the respondents no. ..... the violation of article 15 of the constitution of india has also been averred as the discrimination is on the basis of ..... article 15 of the constitution of india reads as follows:15 ..... restriction is imposed on the engagement of women in places where liquor is served keeping in mind the morality, protection of women and as an act to realize the goals fixed in article 47 of the constitution of india. ..... the hon'ble supreme court has held that article 301 to 304 are not applicable to the liquor trade, the same is the position in respect of articles 14, 15, 19(1)(g) and 21 of the constitution of india. ..... 1 which is the hotel association of india and four other petitioners, two of whom are women employees in the hospitality industry have preferred this writ petition which challenges the constitutional validity of section 30 of the punjab excise act, 1914 (hereinafter referred to as the act), which reads as under .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi883
..... article 77(2) of the constitution of india is applicable, which provides that the validity of an order or instrument made and executed in the name of the president and which is authenticated in the manner specified in the rules made by the president shall not be called in question on ..... mehta, learned counsel for the respondents, urged that appreciation of the evidence should be left to the disciplinary authority as on a petition under article 226 of the constitution the high court does not sit as a court of appeal over the decision of the authority holding a departmental enquiry and has only to see whether the enquiry has been held by a competent authority and according to ..... obviously the observations of the supreme court in that case can have no analogy to issuing a notice under article 311(2) of the constitution for giving a reasonable opportunity to a government servant of making a representation on the penalty proposed as a result of the enquiry held against him ..... (12) without waiting for the orders to be passed by the president of india, the petitioner, on september 22, 1970, submitted a petition under article 226 of the constitution in which besides some ancillary reliefs he asked for quashing of the show cause notice, the preliminary enquiry by shri r. k ..... their lordships to the supreme court held that the function in clause (c) of the proviso to article 311(2) of the constitution cannot be delegated by the president to any one else in the case of a civil servant of the union. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi868
..... (1) this petition under articles 226 and 227 of the constitution of india seeks the quashing of the order dated april 23, 1980 passed by the collector of excise, delhi imposing a penalty of ..... the law is well titled that any contract, which is required to be exclude in accordance with the provisions of article 299 of the constitution of india, is nullified and becomes void. ..... counsel for the petitioner, is that the delhi administration was entering into the contract for the grant of licenses in exercise of its powers under article 298 of the constitution of india and the contract had to be in full compliance with the provisions of article 299 of the constitution of india. ..... of madhva pradesh : [1968]3scr214 for the proposition that unless there is an agreement executed in accordance with the provisions of article 299 of the constitution and admittedly the petitioner in this case executed no such agreement he would no; be liable for any breach of the contractual obligation. ..... ) for the propositions that unless there is an agreement executed in accordance with the provisions of article 299 of the constitution, the petitioners in the case where no agreements have been executed, would not be liable to pay rental. ..... repelled the contention that the execution of an agreement in accordance with the provisions of article 299 of the constitution was a condition precedent to the creation of liability to be proceeded against under section 28 of the act for recovery of the balance of the rentals .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT140; 1992(1)DRJ24
..... :- as observed been has it order this of 14 para (36) on 13th august, 1990 a delhi lawyer, namely, shri harinder singh choudhary filed an application in the court of the special judge by way of public interest litigation under article 51(a) of the constitution of india, praying that no letter of rogatory be issued at the instance of the cbi to the swiss authority for assistance without giving to the accused persons an opportunity of being heard, and unless the allegations against the named persons ..... (57) before we deal with the arguments advanced by the learned counsel for the parties, it will be appropriate to examine the powers of the high court under article 226 of the constitution of india and section 482 of the code of criminal procedure to prevent the abuse of the process of court or otherwise to secure the ends of justice. ..... (1) this writ petition filed under article 226 of the constitution of india read with section 482 of the criminal procedure code (hereinafter referred to as 'the code') is directed against first information. ..... from this it becomes clear that the condition precedent for a court to issue a letter rogatory is to satisfy itself that the facts described or placed before it by the investigating agency constitute an offence in india according to indian laws as the court outside india is not expected to interpret the indian laws and procedure in preference to the indian courts. .....
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