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Wednesday, February 1, 2012

Land Acquisition Proceedings cannot be challenged after entering into agreement

2011 (6) ALJ 473


Sent from phone

Mandamus - duty

Mehsana DCCB v. State, AIR 2004 SC 1576 (mandamus lies when breach of statute is shown);
Indian Bank (AIR 2008 SC 2585) (court can order inquiry into affairs of coop banks when breach of statute and act to the prejudice of depositors is shown)
Sent from phone

Heirs of deceased employee can claim benefits of service - retiral dues

   
AIR 1996 SC 571
AIR 1969 All 432
AIR 2009 SC 3162

Friday, January 27, 2012

Thursday, January 26, 2012

Scope of Article 227

a.       In Jai Singh v. Municipal Corporation of Delhi, (2010) 9 SCC 385, the Hon'ble Apex Court while dealing with the scope of Article 227  observed in paragraph 15 that "Undoubtedly, the High Court under this Article, has the jurisdiction to ensure that all subordinate courts as well as statutory or quasi-judicial tribunals, exercise the powers vested in them, within the bounds of their authority."
 
b.      In Shalini Shyam Shetty v. Rajendra Shankar Patil,  (2010) 8 SCC 329 at page 346 para 47, the Hon'ble Apex Court has held that "… in exercise of its jurisdiction under Article 227, the High Court, apart from annulling the proceedings, can also substitute the impugned order by the order which the inferior tribunal should have made." (but see para 49( c) and 66, also but see para 58).
 
c.    Surya Dev Rai v. Ram Chander Rai & Others, (2003) 6 SCC 675 (Paras 6-21)

Heirs of deceased employee can claim benefits of service

AIR 1996 SC 571
AIR 1969 All 432

Investigation by CBI shall not take place on basis of audit report.

 
115(2004)DLT297, 2005(79)DRJ24
"Investigation by CBI shall not take place on basis of audit report."