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Judgment Search Results Home > Cases Phrase: restraint constitution of india Page 1 of about 44,788 results (0.088 seconds)

Jan 13 2000 (HC)

O.P. Sachdeva and Others Vs. Food Corporation of India, New Delhi and ...

Court : Punjab and Haryana

Reported in : (2001)ILLJ517P& H

..... factual as well as legal objections for initiation of enquiry, the petitioners have invoked jurisdiction of this court under article 226 of the constitution of india for seeking a restraint order against the holding of enquiry. in our opinion, the undue haste shown by the petitioners in approaching the court for quashing of ..... petition for quashing the proceedings of enquiry. rather, we are convinced that the power vested in the high court under article 226 of the constitution of india should not be allowed to be misused by persons like the petitioners who are accused of having caused financial loss to the corporation. 4. ..... the submissions of the learned counsel but have not felt persuaded to agree with him that a writ be issued under article 226 of the constitution of india to abort the proceedings of enquiry at this stage. a bare perusal of the memorandums served upon the petitioners for holding enquiry shows that ..... orderg.s. singhvi, j.1. should the high court, in exercise of its jurisdiction under article 226 of the constitution of india, stultify the proceedings of disciplinary enquiry at the threshold by quashing the charge-sheet this is the question which arises ..... help that there was no cogent reason to allow the respondents to proceed with the belated enquiry. similarly, in lal chand v. food corporation of india (supra) the division bench held that the explanation given by the respondents for delayed initiation of enquiry was wholly unsatisfactory and as the relevant evidence .....

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Jan 13 2000 (HC)

O.P. Sachdeva, A. G-1(D), Food Corporation of India, Fazilka and ors. ...

Court : Punjab and Haryana

Reported in : (2000)125PLR606

..... all factual as well as legal objections for initiation of enquiry, the petitioners have invoked jurisdiction of this court under article 226 of the constitution of india for seeking a restraint order against the holding of enquiry. in our opinion, the undue haste shown by the petitioners in approaching the court for quashing of ..... the petition for quashing the proceedings of enquiry. rather, we are convinced that the power vested in the high court under article 226 of the constitution of india should not be allowed to be misused by persons like the petitioners who are accused of having caused financial loss to the corporation. 4. the ..... the submissions of the learned counsel but have not felt persuaded to agree with him that a writ be issued under article 226 of the constitution of india to abort the proceedings of enquiry at this stage. a bare perusal of the memorandum served upon the petitioners for holding enquiry shows that ..... singhvi, j.1. should the high court, in exercise of its jurisdiction under article 226 of the constitution of india, stultify the proceedings of disciplinary enquiry at the threshold by quashing the chargesheet this is the question which arises for ..... there was no cogent reason to allow the respondents to proceed with the belated enquiry. similarly, in lal chand and others v. food corporation of india and others (vide supra), the division bench held that the explanation given by the respondents for delayed initiation of enquiry was wholly unsatisfactory and as .....

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Jun 05 2008 (HC)

State of Tripura and anr., Etc. Vs. Indian Forest Service Association ...

Court : Guwahati

..... . in this view of the matter, the learned single bench ought to have restrained itself from exercising its extraordinary/discretionary jurisdiction as provided under article 226 of the constitution of india and this self restraint approach is based on clear cut theory of separation of power as has been reiterated in : air2007sc3021 (s.c. chandra v. state of jharkhand) and : (2008) ..... , the writ petitioners do not acquire any right nor are they aggrieved party entitled to invoke the discretionary jurisdiction of this court, as provided under article 226 of the constitution of india and, as such, the notification dated 12-4-1999, which was issued specifying the office/posts of dignitaries of the state, is beyond the scope of judicial review ..... , respective state governments and central government have been given the discretion to specify the vehicles carrying the dignitaries to be fitted with red lights by taking into various consideration like constitutional position of the office, administrative hierarchy, responsibility attached to the post/office, nature of duty and functions to be discharged etc. while doing so, submits by mr. das ..... 1scc630 (union of india v. hiranmoy sen).8. it is submitted by mr. k. n. bhattacharjee, learned senior counsel appearing for the respondents/writ petitioners that the claim of the writ .....

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Dec 03 2004 (HC)

Rajwant Prasad Yadav Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2005(1)ESC370

..... to issue such direction it is to be noted that although the court is conscious about the ambit/contents and scope of judicial review under article 226 of the constitution of india and also restraints and circumspections to be observed by the court but at the same time court cannot shut its eyes to the present state of affairs prevailing throughout the state ..... become reality of life. at this juncture it would be appropriate to refer some provisions of directive principles of state policy contained in part iv of the constitution of india. article 38 of the constitution of india provides that the state shall strive to promote the welfare of people by securing and protecting as effectively as it may a social order in which justice ..... shall in a particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means to livelihood ; article 41 of the constitution of india provides that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in ..... the authorities for pertain oblique motive and extraneous considerations by adopting novel device, therefore, the same cannot stands to reasons and reasonableness which is core of article 14 of the constitution of india. in this list the date of first appointment as seasonal collection peon has not been mentioned. in this seniority list the petitioner's name finds place at serial no .....

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Jul 31 1991 (HC)

S.R. I. Roller Mills Pvt. Ltd. and Etc. Vs. Union of India and Others

Court : Mumbai

Reported in : AIR1992Bom79; 1992(59)ELT361(Bom)

..... , for there is a fundamental difference between a soverign and a subordinate law-making power'. unlike the acts of parliament in england, even the acts of parliament in india arc subject to constitutional restraints. there can be no doubt that delegated powers have to be exercised within the limits of delegation. there is therefore no merit in the argument that the doctrine of ..... on a matter or topic. 12. in this connection our attention has also been drawn by learned advocates for the petitioner to the provisions of the 7thschedule to the constitution of india. in each of the lists forming part of the 7th schedule there are separate entries authorising the legislatures concerned to legislate in order to levy taxes as set out therein ..... v. state of punjab reported in : [1967]3scr557 . the supreme court has cited withapproval its decision in vasanlal maganbhai sanjanwala v. state of bombay reported in : 1978crilj1281 . it says : 'the constitution confers a power and imposes a duty on the legislature to make laws. the essential legislative function is the determination of the legislative policy and its formulation as a rule ..... or prohibit the imports in question clearly delegated certain legislative powers to the central government. the law as it stood at the lime of coming into opera-lion of the constitution therefore, clearly provided u/s. 3 for delegation of legislative powers to the central government by the legislature. the order in question is, in terms, enabled in exercise of .....

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Oct 03 2011 (HC)

T.Sivakumar Vs. Inspector of Police

Court : Chennai

..... consider the question of custody of a minor girl as between the husband and the parents. while exercising the jurisdiction under article 226 of the constitution of india, in a habeas corpus proceeding, the division bench presided over by hon'ble mr.justice v.s.sirpurkar [as he then was] held ..... 9. to trace the history of the child marriages, we have to state that until the introduction of the "child marriage restraint act, 1929" child marriages were prevalent in india among hindus in abundance and there was no mechanism even to discourage the same. such marriages were all recognized as valid. ..... human rights commission, had decided to accept almost all the recommendations and give effect to them by repealing and re-enacting the child marriage restraint act, 1929. 18. a close reading of the above objects and reasons of the prohibition of child marriage act,would keep things beyond ..... is manifest from the statement of objects and reasons of the prohibition of child marriage act, 2006 which read as follows:- " the child marriage restraint act, 1929 was enacted with a view to restraining solemnisation of child marriages. the act was subsequently amended in 1949 and 1978 in order, inter ..... guardianship act also provided that the husband of a minor wife is her natural guardian. 15. while so, it was felt that the child marriage restraint act, did not achieve the desired result. despite the punishment provided for child marriages, and despite making the punishment more stringent, the menace of .....

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Jul 31 1991 (HC)

S.R.i. Roller Mills Pvt. Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1992(59)ELT361(Bom)

..... , for there is a fundamental difference between a sovereign and a subordinate law-making power.' unlike the acts of parliament in england, even the acts of parliament in india are subject to constitutional restraints. there can be no doubt that delegated powers have to be exercised within the limits of delegation. there is therefore no merit in the argument that the doctrine of ..... a matter or topic. 12. in this connection our attention has also been drawn by learned advocates for the petitioners to the provisions of the 7th schedule to the constitution of india. in each of the lists forming part of the 7th schedule there are separate entries authorising the legislatures concerned to legislate in order to levy taxes as set out therein ..... protection against arbitrary exercise of powers. on that count, the provisions of section 3(1) would be rendered unconstitutional. he has pointed out that article 13 of the constitution applies even to pre-constitutional laws; much more so to an order passed in 1989. we should not, therefore, interpret section 3(1) in a manner which renders it unconstitutional. there is ..... regulate or prohibit the imports in question, clearly delegated certain legislative powers to the central government. the law as it stood at the time of coming into operation of the constitution therefore, clearly provided under section 3 for delegation of legislative powers to the central government by the legislature. the order in question is, in terms, enacted in exercise of .....

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Sep 02 1998 (HC)

P.V. Surender Babu Vs. Prohibition and Excise Superintendent, Chittoor

Court : Andhra Pradesh

Reported in : 1998(5)ALD549; 1998(5)ALT640

..... the petitioner has made out any extraordinary ground for him to rush to this court invoking the power of judicial review vested in this court under article 226 of the constitution of india. after hearing the learned counsel for the petitioner, i do not find any circumstance or ground which could persuade the court to permit the petitioner to bypass two statutory ..... court. similarly, to my mind, another object beyond the rule is to save judge-time of the high courts. the high courts are charged with onerous duties of deciding the constitutional questions, vires of the statutes and the delegated legislations and deciding the appeals, revisions, reviews and references made to the high courts under various statutes, and if the high courts ..... good grounds therefor.'3. in thansingh v. supdt. of taxes, : [1964]6scr654 , the supreme court was pleased to observe:'the jurisdiction of the high court under article 226 of the constitution is couched in wide terms and the exercise thereof is not subject to any restrictions except the territorial restrictions which are expressly provided in the articles. but the exercise of ..... order1. at times it becomes necessary for the court to remind itself about the self-imposed restraints and limitations in exercise of the power granted to the court by the constitution under article 226. the court can take judicial notice of the fact that large number of writ petitions are filed in this courtby persons without exhausting statutory alternative remedies or .....

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Jan 31 1986 (HC)

Bennett Coleman and Company Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Mumbai

Reported in : AIR1986Bom321

..... must seek prior permission of the central ! government for expansion of the undertakings and establishment of new undertakings and this pre-restraint on the expansion of newspapers directly affecting circulation violates article 19(1)(a) of the constitution of india. the petitioners also i assert that the inclusion of the act in the ninth schedule in pursuance of the powers conferred by ..... circulation and hence violates article 19(1)(a) of the constitution of india. the learned counsel urged that the act is legislation passed in public interest for preventing concentration of economic ..... the filing of the complaint and after realising that fact the petitioners have approached this court on october 29, 1984 by filing this petition under article 226 of the constitution of india.3. the petitioners claim that the expression 'service' has been defined under section 2(r) and includes service in connection with purveying of news or other information and ..... argued that the freedom of press is the basic feature of the constitution of india and cannot be truncated on any ground other than for the purposes mentioned in article 19(2). it was urged that requiring the petitioners to seek prior approval of the central government imposes pre-restraint on the expansion of the newspaper and thereby directly affects its .....

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Sep 10 1987 (HC)

Union of India and Others Vs. Bennett Coleman and Co. Ltd. and Others

Court : Mumbai

Reported in : 1988(3)BomCR581

..... and hence violates article 19(1)(a) of the constitution of india. learned counsel urged that the act is a legislation passed in public interest for preventing concentration of economic ..... the petitioners that sections 21 and 22 of the act directly affect the expansion of the newspapers, and, therefore, its circulation and infringe article 19(1)(a) of the constitution of india is correct and deserves acceptance.24. shri dhanuka then urged by reference to certain american decisions that in the united states of america, the anti-trust laws directed against ..... the filing of the complaint and after realising that fact the petitioners have approached this court on october 29, 1984, by filing this petition under article 226 of the constitution of india. the petitioners claim that the expression 'service' has been defined under section 2(r) and includes service in connection with purveying of news or other information and thereby ..... that the freedom of the press is a basic feature of the constitution of india and cannot be truncated or any ground other than for the purposes mentioned in article 19(2). it was urged that requiring the petitioners to seek prior approval of the central government imposes pre-restraints on the expansion of the newspaper and thereby directly affects its circulation .....

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