Court : Delhi
Reported in : 35(1988)DLT34; 1988(15)DRJ19
..... '(3) the respondent then filed a petition in this court under article 226 read with articles 14 and 21 of the constitution of india claiming the relief for the issue of a writ of mandamus or any other suitable writ, direction or order directing the appellant to allow to the respondent inspection of the statements and documents in the possession of ..... rules have been made by the high court under the powers conferred by article 227 of the constitution of india with the previous approval of the state government, for regulating the preparation and supply of copies of records of civil and criminal courts by the copying agencies under the control of the ..... (27) rules have also been framed by the high court under article 227 of the constitution of india, regulating the procedure in courts in cases where any person is entitled to inspect a record of any such court, and prescribing the fees payable by such persons for inspection and are contained in chapter 16-c of ..... , the contention of the respondent was that he has, by virtue of article 19(1)(a) and article 21 of the constitution of india, a right to get information so that he can effectively defend his litigation in london. ..... (34) can it then be said that by virtue of articles 19(1)(a), 21 or 39 of the constitution of india, the respondent has a right to get those documents at this stage so that he can effectively defend his reputation in a pending litigation in london or that the respondent has a right to have the information available in .....
Tag this Judgment!Court : Delhi
Reported in : 37(1989)DLT127
..... have sought a direction for striking down the said rule as ultra virus of article 14 of the constitution of india. ..... but while applying the above principles one has also to bear in mind article 47 of our constitution which directs .the state to prohibit consumption of intoxicating drinks and of drugs which are injurious to health except for medical ..... (17) bearing the aforesaid principles in mind, i will consider whether the impugned rule 18 is constitutionally invalid or that the policy reflected in the said rule is arbitrary and discriminatory as contended by shri ..... the court must while adjudging the constitutional validity of an executive decision relating to economic matters grant a certain measure of freedom of 'play' in the 'joints' to the ..... does not contravene article 14 of the constitution and is constitutionally valid. ..... the nature of things it is not possible to conclude that rule 18 or policy reflected in the said rule is constitutionally invalid, arbitrary of discrimninatory. (22) mr. ..... by this separate opinion i have come to the conclusion that rule 18 is constitutionally valid. ..... it is claimed, that rule it which provides that license in form l-5 for retail vend of foreign liquor in a bar, may, only be granted to the holder of a license in form l-3 for the retail vend of foreign liquor in a hotel or a restaurant is constitutionally invalid. ..... question which arises for determination in this writ petition is whether rule 18, delhi liquor license rules 1976 is constitutionally valid. .....
Tag this Judgment!Court : Delhi
Reported in : (1988)IILLJ254Del
..... and 16 of the constitution of india, is the question. ..... the classification on the basis of educational qualification by barring one set of officials from higher promotion, the highest court has sounded words of caution and warning which we may quote : 'since the constitutional code of equality and equal opportunity is a charter for equals, equality of opportunity in matters of promotion means an equal promotional opportunity for persons who fall, substantially, within the same class. ..... the constitution of india. ..... two writ petitions this variation of experience required from diploma-holders and graduates while they form same class of officials is being challenged as vocative of fundamental right of equality enshrined in the constitution of india. ..... of quota of promotion avenue at the level of assistant engineer between degree-holders and diploma-holders is also said to be vocative of constitutional fundamental right of equality and also on the ground of discrimination and denial of equal opportunity guaranteed under fundamental right in art. ..... the moment the diploma-holders and degree-holders are considered to constitute one class for purpose of promotion there cannot be any differentiation between the two vis-a-vis the ..... that post they have become equal as they and the degree-holders perform same duties and functions and their posts are interchangeable and they draw same pay scales and constitute common seniority at the level of junior engineers and assistant engineers respectively. .....
Tag this Judgment!Court : Delhi
Reported in : 110(2004)DLT591
..... . under article 226 of the constitution of india, high courts are given power of judicial review and while exercising this power the courts can examine whether an administrative action is ..... on pertinent inquiry, during the arguments, learned senior counsel for the petitioners submitted that a letter dated 14.3.1962 was issued by the government of india, ministry of rehabilitation, office of assistant settlement commissioner (r) confirming that bid of the petitioners' father had been accepted and he should submit necessary documents specified therein and make the balance payment of rs.12,200/- in order ..... . the court also took aid of article 300a of the constitution, according to which, 'no person shall be deprived of his property saved by authority of law', holding that authority of law for acquisition of the property is to be found under sections 4 and 6 of the act and as notification issued under section ..... as against the aforesaid judgments, we have the later judgments of the supreme court taking contrary view and article 141 of the constitution mandates us to follow the later judgments ..... jurisdiction is available to mitigate the sufferings of the people in general but it is not out of place to mention that this extraordinary jurisdiction has been conferred on to the law courts under article 226 of the constitution on a very sound equitable principle. ..... he submitted that constitution bench of the supreme court decided this issue way back in the year 1974 in the case of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi485
..... was repelled holding that before the passing of the seventh constitution (amendment) act, 1956 delhi was a part c state which was to be administered by the president under article 239(1) of the constitution of india acting to such extent as he thought fit through the chief ..... since according to section 3(8) of the general clauses act, 1897, the central government shall in relation to any thing done or to be done after the commencement of the constitution mean the president and shall include in relation to the administration of a union territory, the administrator thereof, and since the chief commissioner was empowered by the president to execute the powers ..... the only repeal brought about by the development act is contained in section 60(1) which provides that as from the date of the constitution of the (development) authority (a) the united provinces town improvement act,1969, shall cease to the have effect in the union territory of delhi; and (b) the delhi (control of building operations) act, 1955 ..... the president on 19th august, 1954, exercising powers under article 239(1) of the constitution issued notification directing the chief commissioner of delhi to exercise the powers and discharge the functions of the central government under the ..... after the enactment of the seventh constitution (amendment) act, 1956, delhi was designated as a union territory which under article 239(1) shall be administered by the president through an administrator to be appointed by him with such .....
Tag this Judgment!Court : Delhi
Reported in : 1974CriLJ100; 9(1973)DLT324; 1973RLR302
..... the petition was opposed on behalf of the state and the contention was that aboobacker ceased to be a citizen of india when the constitution of india came into force by virtue of article 7 thereof and in consequencs the order directing him to leave india under the forceigners act was legal and proper. ..... for the moment as already observed earlier, we are only concerned with whether the respondent had migrated, as contended, or could .be regarded as having migrated from india to pakistan within the meaning of article 7 of the constitution (13) it is a settled rule of private international law that nobody shall be without a domicile and in order to make this effective the law assigns what is called a domicile of origin to every person at his birth, namely, to a legitimate child the ..... his contentions are that admittedly the respondent having left india in 1947 his case is covered by article 7 of the constitution and so, the respondent is debarred from claiming indian citizenship ..... constitution every person who has his domicile in the territory of india and (a) who was born in the territory of india; or (b) either of whose parents was born in the territory of india: or 858 (c) who has been ordinarily resident in the territory of india for not less than five years, immediately preceding such commencement, shall be a citizen of india. 7 ..... but the constitution also deals with the abnormal sit ration that prevailed in the country about the time of its partition between india and pakistan and .....
Tag this Judgment!Court : Delhi
Reported in : 147(2008)DLT729; 2008(101)DRJ484
..... sinha that the right to establish a private educational institution was a fundamental right guaranteed under article 19(1)(g) of the constitution of india and was recognized to be so by judicial pronouncements on the subject. ..... for the establishment and running of the school is proposed to be made for any aid;(g) the composition of the managing committee of the proposed new school until the new school is recognized and a new managing committee is constituted in accordance with the scheme of management made under the act;(h) the proposed procedure, until its recognition under the act, for the selection of the head of the school and other teachers and non ..... (3) on and from the commencement of this act and subject to the provisions of clause (1) of article 30 of the constitution, the establishment of a new school or the opening of a higher class or the closing down of an existing class in any existing school in delhi shall be subject to the provisions of this act and the rules made there under and ..... at the same time, it goes without saying that in terms of clause 6 of article 19 of the constitution, the said right is not absolute and is subject to reasonable restrictions. ..... any such closure would, according to him, offend article 19(1)(g) of the constitution. ..... the right to establish an educational institution is no doubt a fundamental right guaranteed under article 19(1)(g) of the constitution. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1985Delhi142; ILR1985Delhi649
..... authority or a limb of the state, within the meaning of article 226 of the constitution of india, mr. ..... is also mentioned in this booklet that, 'the council has been so constituted to secure suitable representation of governments responsible for schools (which are affiliated to the council) in their states/territories; the inter-state board for anglo-india'n education: the association of indian universities; the association of heads of anglo-indias schools; the indian public sechools' conference; the association of schools for the ..... in chapter iii of the aforementioned priced publication, also relied upon by the first resoondent, in terms lays down that it is the council's satisfaction which is relevant and not of any committee or sub-committee constituted by the council, unless the power to take decision has been delegated to the committee or a sub-committee under article 13 of the. ..... consideration of the law on the subject the supreme court, inter alia, held that in order to find out whether a person or a body of persons could be regarded as an authority within the meaning of article 12 of the constitution, the approach could not be that reliance was placed only on judging the issue by what is called the structural test. ..... corporations acting as instrumentality or agency of government, would obviously be subject to the same limitation in the field of constitutional and administrative law as government itself, though in the eye of the law, they would be distinct and independent .....
Tag this Judgment!Court : Delhi
Reported in : 57(1995)DLT370
..... this writ petition under articles 226 and 227 of the constitution of india challenges the detention of the petitioner in pursuance of an order dated 2nd february 1994 no. f. ..... impugned detention order is liable to be struck down in this case but also the petitioner's detention is vitiated on account of failure on the part of the respondents to observe the safeguards provided to the detune/petitioner under article 22(5) of constitution of india as also for violation of sub-section 3(3) of the cofeposa act. 35. ..... memorandum dated 11-3-1994 (annexure-r-1) vitiates his right under article 22(5) of constitution of india;' in reply to the said ground it has been stated as under :- ..... is further ordered that the detention of the petitioner is vitiated on account of violation of article 22(5) of constitution of india and sub-section 3(3) of the cofeposa act. ..... it will have to be examined as to whether the safeguards provided under article 22(5) of the constitution of india have been adhered to or not. ..... is also denied that right of the petitioner under article 22(5) of constitution of india has been vitiated.' 33. ..... article 22(5) of constitution of india enshrines certain safeguards for a ..... is a case which also suffers from non-observance of post detention order safeguards as contained in article 22(5) of the constitution of india. ..... present case we are concerned with challenge to the detention order as well as to the non-compliance of the safeguards under article 22(5) of the constitution of india. 8. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi72
..... the detenue than moved a petition under article 226 of the constitution of india, which is the matter before us, for a writ of habeas-corpus, challenging his detention, on various grounds inter alia, an infringement of his constitutional right guaranteed under article 22(5). ..... the fact of the matter is, that the procedural safeguards attached to detention without trial, and contained in article 22(5) of the constitution of india are clear. ..... state of west bengal, : air1972sc1753 , 19 days delay in disposing of the detenu's representation by the government was held to render his detention illegal as the court felt that it is a constitutional right of the detenu 82 under article 22(5) of the constitution to have his representation dealt with as expeditiously as possible, 'for, otherwise the obligation to furnish the earliest opportunity to make a representation would lose both its purpose and meaning'. ..... in view of the decision we have taken with regard to the first point urged, that the fundamental right of the detenu under article 22(5) of the constitution has been violated, we feel it is not necessary to express any opinion on these points. ..... the facts and circumstances of the case we feel that there has been undue and unexplained delay in disposing of the representation and this infringes the constitutional right guaranteed to the detenu under article 22(5). ..... consequence it was held that there had been a violation of the constitutional right guaranteed under article 22(5) to the detenue. .....
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