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Sunday, June 24, 2012

Notice is sufficient if not received due to house locked etc.

Notice to respondent - service of Address respondent managing to have the notices returned with postal remark "Not available in the house" house locked" and "shop closed" respectively- Held, Notice must be deemed to have been served on the respondents


1. State of M. P. Vs. Hiralal and Others, reported in (1996) 7 SCC 523.

2. Uttam Chand and Another Vs. 6th Additional District Judge, Jhanshi and Others, reported in 2000 (18) LCD 1090.

3. Fazal Ahmad Vs. K. N. Jain reported in 2000 (1) Allahabad Rent Cases 423 and 2000 (18) LCD 786

Thursday, June 21, 2012

Writ does not lie even against State for specific performance

2004 2 AWC1770
 
Ram Nagar Allottees Association v/s LDA

Charge in Disciplinary Inquiry if admitted need not be proved

2008(3)ALD103(SC), 3(2008)CLT140, [2008(117)FLR377], JT2008(4)SC51, (2008)IILLJ645SC, (2008)4MLJ116(SC), 2008(4)SCALE172, (2008)5SCC569, 2008(3)SLJ424(SC), (2008)2UPLBEC1041
 

Appellants: Chairman and MD V.S.P. and Ors.
Vs.
Respondent: Goparaju Sri Prabhakara Hari Babu

Sub Silentio

Case :WRIT C No. 23970 of 2008

Petitioner :Public Welfare Hospital

Respondent :State Of U.P. Thru' Chief Secy. & Others

Single Judge

 

Impleadment in case of allegation of malafide / malice

136(2007)DLT703, 2007(94)DRJ184
 
Alleged that action taken at the behest of MP, but MP himself not impleaded; allegation of malafide cannot be accepted.

Exorbitant Amount Stamp Duty demand can be challenged in WP

2011 (29) LCD 2109 (SC)
 

Transfer at the instance of MLA

MLA is elected representative of the people, and as such even if transfer is done at his instance, there cannot be any grievance. 2007 (8) SCC 150