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Judgment Search Results Home > Cases Phrase: northern india canal and drainage act i873 section 55 power to prohibit obstructions or order their removal

Dec 30 1981 (SC)

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... that they formed part of the advice tendered by the council of ministers to the president and hence by reason of article 74 clause (2) of the constitution the court was precluded from ordering their disclosure and looking into them and the other was that they were protected against disclosure under section 123 of the indian evidence act since their disclosure would injure public interest ..... court judge thus is in the executive which is the litigant in a very large number of cases coming before a judge of a high court; (iii) the power to transfer a high court judge is extraordinary power; (iv) the limitation on the exercise of power is full, effective and meaningful consultation with the chief justice of india; (v) the power to transfer can be exercised only in public interest and not according to the whim, caprice or fancy of the executive or to remove an inconvenient judge not toeing its line; (vi) the ..... paragraph (1) (b)) may be made by way of an application for judicial review, and on such an application the court may grant the declaration or injunction claimed if it considers that, having regard to -- (a) the nature of the matters in respect of which relief may be granted by way of an order of mandamus, prohibition or certiorari, (b) the nature of the persons and bodies against whom relief may be granted by way of such an order, and (c) all the circumstances of the case, it would be just and convenient for the declaration or injunction to be granted on ..... in northern security .....

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Jan 10 2023 (SC)

Residents Welfare Association Vs. The Union Territory Of Chandigarh

Court : Supreme Court of India

..... phase i of the city of chandigarh; (ii) needless to state that the heritage committee would take into consideration its own recommendations that the northern sectors of 127 chandigarh (corbusian chandigarh) should be preserved in their present form; (iii) the heritage committee shall also take into consideration the impact of such redensification on the parking/traffic issues; ..... and all references to the apartments in the draft cmp 2031 were deleted from the final cmp 2031, which was notified under section 4(1)(f) of the 1952 act and sections 3, 4, 5 and 11 of the punjab new capital (periphery) control act, 1952 and under article 239 of the constitution of india ..... and when the courts have passed orders or the officers of local and other bodies have taken action for ensuring rigorous compliance of laws relating to planned development of the cities and urban areas and issued directions for demolition of the illegal/unauthorized constructions, those 101 in power have come forward to protect the wrong doers either by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion ..... that it was not permitting the construction of such apartments, and that 16 under the law, such apartments were prohibited, it was sanctioning the building plans which ex facie showed ..... canals known locally as rajakaluves were once natural rain fed streams across which farmers built small bunds over time, to arrest the flow of water .....

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