21.02.2019 – Banning of Unregulated Deposit Ordinance-2019, exempts Individual, Firm, Companies & LLP etc. for taking any loan and deposit for their course of business as per section 2(4) e,f,l and other provisions. Chit fund is regulated by Chit Fund Act,...
Day: February 25, 2019
Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature.
In M.S. Bindra Vs. Union of India and Others[(1998) AIR(SC) 3058], it was held: While evaluating the materials the authority should not altogether ignore the reputation in which the officer was held till recently. The maxim “Nemo Firut Repente...
Scope of Judicial Review: (i) It is settled legal proposition that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. The only consideration the Court/Tribunal has in its judicial review, is...
Standard of proof in a Departmental Enquiry which is Quasi Criminal/Quasi Judicial in nature:
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A. In M.V. Bijlani Vs. Union of India (UOI) and Others, this Court held: “… Disciplinary proceedings, however, being quasi criminal in nature, there should be some evidences to prove the charge. Although the charges in a departmental proceedings...
The scope of Article 25 has been repeatedly interpreted by the Apex Court right from its leading judgment in Sardar Syedna Taher Saifuddin Saheb v. The State of Bombay [(1962)SUPP SCR 496] The said judgment holds that the protection...
Apex Court in the case of Vellore Citizen’s Welfare Forum v. Union of India and Others [(1996)5 SCC 647] Again in this decision, the public trust doctrine was invoked by the Apex Court. The Apex Court dealt with concept...
Intellectuals Forum Tirupathi v. State of Andhra Pradesh and Others [(2006)3 SCC 549]. Again in the said decision, the Apex Court invoked the public trust doctrine. It will be necessary to consider what is held by the Apex Court...
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