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Sujata Kohli Vs. High Court of Delhi Thru. Registrar General

Court : Delhi

Reported in : 148(2008)DLT17; 2008(101)DRJ83

..... . the scope of judicial review of transfer under article 226 of the constitution of india has been settled by the supreme court in rajendra rao v ..... . the high court was not justified in extending its jurisdiction under article 226 of the constitution of india in a matter where, on the face of it, no injustice was caused. 6 ..... . it is explained that under article 235 of the constitution of india, the high court has 'control over the subordinate courts' which is exhaustive in nature, comprehensive in extent and effective in operations ..... the petitioner immediately approached the supreme court by filing writ petition under article 32 of the constitution of india on 27.1.2007 challenging the transfer. ..... . it was also pointed out in this case that the high court while exercising its power of control over the subordinate judiciary is under a constitutional obligation to guide and protect judicial officers from being harassed or annoyed by trifling complaints relating to judicial orders to that the officers may discharge their duties honestly, independently, unconcerned by the ill-conceived or motivated complaints ..... . : [2002]2scr808 , it was held:the doctrine of separation of powers and the need for having an independent judiciary as a bulwark of constitutional democracy persuaded the founding fathers of constitution assigning a place of distinction of judiciary ..... . interpreting article 235 of the constitution the supreme court has reminded the high courts about this duty of theirs time and again .....

Bernard D'mello Vs. Industrial Finance Corpn. Ltd.

Court : Delhi

Reported in : 2006(92)DRJ739

..... writ petition per se de hors the issue of territorial jurisdiction by submitting that the mdi did not perform such public functions so as to attract the jurisdiction under article 226 of the constitution of india even within the tests laid down in zee telefilms ltd. v. ..... keeping in view the expressions used is clause (2) of article 226 of the constitution of india, indisputably even if a small fraction of cause of action accrues within the jurisdiction of the court, the court ..... the import of article 226(2) of constitution of india this court had territorial jurisdiction to entertain ..... 12 of constitution of india..4. ..... be composed of the following members:(1)chairman;(2)one representative of the central government nominated by the ministry of finance, government of india;(3)one representative of the industrial development bank of india;(4)one representative of the kredittanstalt-fur-wiederaufbau (kfw), frankfut;(5)not more than seven persons to be nominated by the industrial finance corporation of india to represent business, industry, finance, cooperative and management institutions, bodies and undertakings;(6)director of the institute, ex-officio member;(7) ..... high court to entertain a writ petition or a special civil application as in this case, the high court must be satisfied from the entire facts pleaded in support of the cause of action that those facts do constitute a cause so as to empower the court to decide a dispute which has, at least in part, arisen within its jurisdiction. .....

Devendra Kumar and anr. Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

..... it is apt to note here that the petitioner while praying for declaring the rule in question to be violative of article 14 of the constitution of india has also prayed for issue of a writ of mandamus commanding the respondents to co-opt him as a member of the bar council of delhi as his name featured at serial no.20 in the list of first preference votes and at serial no.27 in ..... . ex consequenti, we conclude and hold as follows: (a) rule 31(a)(ii) is constitutionally valid and neither hit by article 14 of the constitution of india nor does it run counter to or contravene any of the provisions of the advocates ..... the group and (2) that the differentia must have a rational relation to the object ought to be achieved by the statute in question, vide gopi chand v. delhi administration, air 1959 sc 609 (see also basus shorter constitution of india, fourteenth edition 2009 page 81). 22 ..... of our aforesaid analysis, we conclude and hold that the rule 31(a)(ii) is constitutionally valid and not hit by any of the limbs of article 14 of the constitution of india. 33 ..... settled in law that the right to vote or contest in an election is not a fundamental right but a statutory right which has to conform to the organic law and the fountain of all laws, the constitution of india ..... given to cooperative societies under the madhya pradesh foodstuffs (civil supplies public distribution) scheme 1981 replacing the earlier scheme of running such fair price shop was violative of article 14 of the constitution of india. .....

Govt. of Nct of Delhi and ors. Vs. Ex. Constable Sudesh Pal Rana

Court : Delhi

..... the order of the disciplinary authority and the appellate authority dismissing the respondent from service without an enquiry by invoking the powers under article 311 (2) (b) of the constitution of india was challenged by the respondent by filing an original application being oa no.1689/2009, inter-alia, on the ground that the order of the dismissal is in violation of the principles of natural ..... therefore, the order of the tribunal holding that the order of the petitioners dismissing the respondent by invoking article 311(2)(b) of the constitution of india is not sustainable, does not suffer from any illegality, irregularity or any such perversity requiring any interference by this court. ..... aside the order of dismissal dated 9th august, 2006 dismissing the respondent from the service, after dispensing with the enquiry under article 311 (2)(b) of the constitution of india and also setting aside the order of the appellate authority dated 5th june, 2008 upholding the punishment. ..... on surmises and conjectures and under the garb of article 311 (2)(b) of the constitution of india, the regular departmental enquiry has been dispensed with, which has caused great prejudice ..... in this para, it is quite clear from the last para of the circular that there is no need to hold enquiry before dismissing the police personnel under rule 311(2)(b) of the constitution of india whenever the disciplinary authority comes to the conclusion that it is not reasonably practicable to hold an enquiry." 10. .....

R.L. Butail Vs. the Union of India Through the Secretary, Ministry of ...

Court : Delhi

Reported in : AIR1969Delhi15; ILR1969Delhi137; (1970)ILLJ147Del

..... has been challenged by the petitioner on two main grounds, namely, (1) that fundamental rule 56 (j) was ultra virus clause (2) of article 311 and articles 14 and 16 of the constitution of india and (2) that the order of retirement was mala fide and without application of mind to the relevant circumstances o the case.2. ..... thereforee, nto possible to say that the adverse entries for the years 1964 and 1965 constitute extraneous or irrelevant matter in so far as the satisfaction for the purposes of compulsory ..... the validity of clause (j) of the rule in so far as challenge to it on the basis of article 14 of the constitution, is concerned, is questioned on the ground that this clause gives arbitrary power to the appropriate authority because the expression in the public interest' has nto been defined and, thereforee, there ..... no argument was addressed to us as to how clause (j), of this rule is hit by article 16 of the constitution nor are any grounds relevant to article 16 mentioned in the petition and, thereforee, nothing more need be said in so far as the bare challenge on the ground ..... post of member is filled by selection by the union public service commission on an all india basis and that the petitioner was considered along with other eligible candidates. ..... rule 56 is nto ultra vires, the compulsory retirement of the petitioner in the circumstances of this case was mala fide and, thereforee, amounted to a punishment within the meaning of clause (2) of article 311 of the constitution. .....

Gopi Krishan Khanna and ors. Vs. Kailash Wati and ors.

Court : Delhi

Reported in : AIR1975Delhi38

..... 135 of the constitution of india read with sections ..... constitution of india ..... the act conferred appellate jurisdiction on federal court in appeals, and provided that an appeal shall lie to the federal court from any judgment decree or final order of a high court (in british india) if the high court certifies that the case involves a substantial question of law as to interpretation of this act or any order in council made there under and prohibited direct appeal to his ..... (1) nothing in this act shall affect - (a) any appeal under sub-clause (a) or sub-clause n or sub-clause (c) of clause (1) of article 133 of the constitution which immediately before the commencement of this act was pending before the supreme court; or (b) any appeal preferred on or after the commencement of this act against any judgment, decree ..... final orders passed in proceedings which had been instituted before the commencement of the constitution and those proceedings were governed b-v the old civil procedure code read with the government of india act, 1935 and the federal court (enlargement of jurisdiction) act, 1948. ..... article 133 as amended by the 30th amendment of the constitution reads as:-'(1) an appeal shall lie to the supreme court from any judgment, decree or final order in a civil proceeding of a high court in the territory of india if the high court certifies- (a) that the case involves a substantial question of law of general importance: and (b) that in the opinion of the high court the said question .....

Kanta Mehta Vs. Union of India and Others

Court : Delhi

Reported in : [1987]62CompCas769(Delhi)

..... the business of acceptance of deposits carried on by the petitioners does not fall within entry 30 or 32 of list ii of the seventh schedule to the constitute of india. ..... petitioner's contention is that the provisions of the said chapter, particularly section 45s read with section 58b (5a) are vocative of the petitioner1`s fundamental rights guaranteed under articles 19 and 14 of the constitution of india. ..... this and the connected writ petitions challenge the constitutional validity of chapter ii-c read with section 58b (5a) of the reserve bank of india act, 1934, introduced by the banking laws (amendment) act, 1983 (act 1 of 1984) (to be called 'the impugned ..... we then have the report of the study group constituted by the reserve bank of india in june, 1974, to examine in depth the functioning of the non-banking finance companies and to suggest measures for affording a degree of protection to the interests of the depositors, known as j s raj ..... the provisions of the reserve bank of india directions and the companies deposits rules having been held constitutional, a similar or analogous kind of limitation on even an individual accepting deposits cannot in any way ..... result of my above discussions, my conclusions are as follows : (a) i hold that section 45s read with section 58(5a) of chapter iii-c of the reserve bank of india act, as introduced by section 10 of the banking laws (amendment)act, 1983 (central act i of 1984), is not vocative of articles 14 and 19 of the constitution. .....

Sharafat Sheikh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 116(2005)DLT656; 2005(79)DRJ340

..... in abdul razak nannekhan pathan (supra), it was held by the supreme court that article 22(5) of the constitution of india requires that the grounds must not be vague but must be specific and relevant in order to enable the detenu to make an appropriate and effective representation against the same before the advisory ..... of detention even if is held and assumed to be a ground of detention, the same is held as vague which prevented the petitioner from making an effective representation resulting in violation of the provisions of article 22(5) of the constitution of india. in dr. ..... safeguards, which is provided under article 22(5) of the constitution of india. ..... by the supreme court that the grounds and the averments made in the grounds which were served on the detenu are vague and as such they are vocative of article 22(5) of the constitution of india. ..... of vagueness in the grounds of detention because that impinges on the fundamental right of the detenu under article 22(5) of the constitution to make a representation against the order of detention when the grounds on which the order has been made are communicated to ..... in paragraph 13 of the said judgment, the supreme court has stated as follows:'section 8(1) of the act, which merely re-enacts the constitutional requirements of article 22(5), insists that all basic facts and particulars which influenced the detaining authority in arriving at the requisite satisfaction leading to the making of the order of detention must be communicated to .....

Bahadur Singh Vs. the Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : AIR1974Delhi100; 9(1973)DLT198

..... and for restraining the respondents from challenging the petitioner in future under section 461 of the delhi municipal corporation act, (c) section 417 of the delhi municipal corporation act be declared to be ultra virus of the constitution and be struck down as vocative of the fundamental rights guaranteed in articles 14 and 19(1)(f) of the constitution of india, and (d) pass any other order or orders as may be deemed fit and proper to meet the ends of justice.2. ..... the petitioner submitted that section 417 of the act is ultra virus of the constitution and is liable to be struck down as being vocative of the petitioner's fundamental rights guaranteed under articles 14 and 19(1)(f) of the constitution of india the petitioner pleaded that sub-section (3) of section 417 prescribing the scale of fees in respect of premises licensed under sub-section (1) is liable to be struck down as being vague and conferring arbitrary and uncanalised power in ..... undisputed facts which emerge from the pleading of the parties are that the petitioner is a transport company and is carrying on the business of transporting goods between the various parts of india the petitioner has rented premises of mandir bhaironji at boulevard road, delhi and is utilizing those premises in its business of transportation of goods. ..... that sections 416 and 417 and schedule 11 of the act had been enacted for the security of health and property of the residents of the town and the said provisions are legal and constitutional.5. .....

Monica Garg Vs. University of Delhi

Court : Delhi

Reported in : AIR1993Delhi73; 1992(24)DRJ281

..... 14 of the constitution of india.10. ..... 14 of the constitution of india. ..... (economics) course by department of economics of theuniversity of delhi is a valid and reasonable criteria and satisfy the test of article 14 of the constitution of india.2. ..... 14 of the constitution, a broad-based arrangement should be made. .....