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Lt. Col. S.P.S. Rekhi Vs. Union of India (Uoi) and ors.

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. .....

Shyamal Sarkar Vs. State of Tripura and ors.

Court : Guwahati

..... the sole question raised in this writ petition under article 226 of the constitution of india is whether the petitioner, a constable under tripura armed police, 1st battalion, is entitled to for promotion from constable to the rank of assistant sub-inspector of police (unarmed branch), in short asi, without appearing in further departmental examination ..... written test, interview and assessment of acr and candidates were also made aware of the procedure of promotion before appearing in the written test and dpc, the same cannot be challenged as arbitrary or violative of article 14 of the constitution raising the plea that marks allotted to interview and acr was unduly disproportionate or that authorities cannot fix minimum marks to be secured at interview of in acr.16. ..... (5) in another case, reported in air 1998 sc 795 (union of india and anr. v. n. ..... union of india & others, reported in 1977(2) slr 589 held that when selection was to be made on merit not on seniority if the petitioner was not found suitable on consideration of his service record when opposite party has selected on the ..... union of india & others, reported in 2000( 1) slr 790 (a case from calcutta high court) it was observed that passing of departmental promotion examination is sj'ne qua non and failure to pass such examination does not entitle the incumbent for .....

Laxman Mishra and anr. Vs. State of Bihar and ors.

Court : Patna

..... by this application under article 226 of the constitution of india, the petitioners, adjoining owner of the land, have sought quashment of the arrange dated 21.1.1988, passed by respondent no. ..... two revenue authorities in terms of the provisions of section 16(3) and section 30 of the act came to be reversed in revision under section 32 of the act which is, directly and precisely, under challenge in this application under article 226 of the constitution of india.5. ..... this is one of the acts which have been placed in the 9th schedule under article 31b of the constitution of india.7. .....

Indian Airlines Limited Vs. Capt. Raman Doulagar

Court : Supreme Court of India

Reported in : 2007(1)ALLMR(SC)401; 2007(1)AWC834(SC); 2006(11)SCALE577

..... this petition for transfer has been filed under article 139a(2) of the constitution of india, 1950 (in short the 'constitution'). .....

Gian Chand Kaushal Vs. M.C. Joshi and ors.

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. .....

A.S. Zingthan Vs. State of Manipur and ors.

Court : Guwahati

..... the petitioner who is a poor and illiterate cultivator of 65years has come up before this court by means of this application under article 226 of the constitution of india for issuance of a writ of mandamus directing the respondents to pay him a sum of rs. ..... 'simple lack of care such as will constitute civil liability, is not enough for liability under the criminal law.'12. ..... but the peculiar circumstances constituting the event or accident, in a particular case, may themselves proclaim in concordant, clear and unambiguous voice the negligence of somebody as the cause of the event or accident. .....

Bihar Chamber of Commerce and Etc. Vs. State of Bihar and ors.

Court : Patna

..... relying on the aforesaid decisions of the supreme court, learned counsel for the petitioners contended that entry 52 of list ii of the 7th schedule of the constitution of india has been historically construed to authorise the levy of a tax which is for the benefit and purpose of a local authority. ..... in exercise of powers conferred under article 213 of the constitution of india, an ordinance was promulgated and published on 22-2-1993 in the extraordinary gazette of ..... provisions of the bihar taxon entry of goods into local areas for consumption, use or sale therein act, 1993 does not satisfy the requirement under article 301 read with article 304(b) of the constitution and section 3 of the said act is ultra vires articles 301 and 304(b) of the constitution of india. ..... next question is that the said act is violative of the freedom under article 301 of the constitution of india and particularly the restrictions under article 304 of the constitution. 38. ..... court further declares that proviso to section 3 and the provisions of section 6 of the act, are ultra vires article 14 of the constitution of india. ..... that view of the matter, both the proviso to section 3 as extracted above and section 6 are declared ultra vires article 14 of the constitution of india. ..... the impugned tax is levied on the entry of goods in the local area, it cannot be gainsaid that its impact would be on movement of goods and the measure would fall within the inhibition of article 301 of the constitution of india. 39. .....

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... any question relating to the quantum of compensation not being liable to be challenged by an insurer in a petition filed under articles 226/227 of the constitution of india, the doors of this court are always completely shut to a person, including an insurer, in invoking this court's extraordinary jurisdiction under articles 226/227 of the constitution where such a person, including an insurer satisfies this court that the award is a complete perversity, or a nullity in the eyes of law, or ..... any circumstance, can impugn an award rendered by a motor accident claims tribunal in an application under articles 226 and/or 227 of the constitution of india and whether this constitutional remedy is completely barred so far as an insurer is concerned are the principal questions, which the present set of writ petitions have raised ..... as well as civil revision petitions too call for determination of the scope of the powers of judicial review under article 226 and power of superintendence under article 227 of the constitution of india, on the one hand, and the ambit of the revisional jurisdiction under section 115 of the code of civil procedure, on the other.2. ..... for revision, on the other, do not stand on the same footing is indicated even in sukla dev nath (supra), wherein the court has held that a challenge under article 227 of the constitution of india within the constricted parameters set down by consistent judicial pronouncements would, however, be a different proposition altogether.21. .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... enjoyed the discussions that i have had with him, i find myself to be broadly in agreement with the conclusion reached by him, subject to following additional materials and observations in this group of petitions under article 226 of the constitution of india, questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993 ..... and such levy is in colorable exercise of power by the state legislature when in fact only the parliament has the legislative competence to impose taxes on capital value of assets as per entry 86 of list i of the 7th schedule to the constitution of india; (iii) the impugned provisions impose an unreasonable restriction upon the right of a raiyat to use his land for any purpose and to support any occupation in life to sustain his right to life keeping in mind the productivity ..... of the act have been challenged mainly on the following grounds- (i) lack of legislative competence to levy tax on the market value of land under commercial use in the garb of 'collection of rent' under entry 18 of list ii of schedule 7 to the constitution of india; (ii) the impugned provisions are contrary to the spirit of the act and particularly to the meaning and definition of the term 'rent' as provided in section 3(5) and, therefore, they make the act unworkable as a whole, particularly in respect .....

Karan Dileep Nevatia Vs. the Union of India (Uoi) Through the Commerce ...

Court : Mumbai

Reported in : 2010(112)BomLR127; 2010(172)LC1(Bombay)

..... .(ii) though the executive (central government) has power to enter into international treaties/agreements / conventions under article 73 (read with entries 10 & 14 of list i of the vii schedule to the constitution of india) the power to legislate in respect of such treaties / agreements / conventions, lies with parliament ..... . section 3(29) of the general clauses act provides as follows: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 thereafter, but does not include any act of parliament of the united kingdom or any order in council, rule or ..... . it was submitted on behalf of the petitioner that the impugned notifications are contrary to article 51 of the constitution of india and are, therefore, liable to be struck down ..... . if for the purpose of giving effect to the international treaties, it in exercise of its power under article 253 of the constitution of india had taken over the legislative field occupied by list ii of the seventh schedule of the constitution, no exception thereto can be taken.mr ..... according to the petitioner, these notifications are ultra vires, unconstitutional, arbitrary, unreasonable and unjust and are violative of article 253, 14 and 19(1)(g) of the constitution of india ('for short, 'the constitution').10. .....