inter alia, observed as under: (SCC p.
701, paras 3940)
"39. Under Article 226 of the
Constitution, the High Court has been
given ... Article 32 has the jurisdiction to
of
issue prerogative writs for the
enforcement of Fundamental Rights
guaranteed to a citizen under the
Constitution.
rt
40
amount due from the predecessor-in-interest of the
petitioners after 40 years. Respondents by way of issuance
of notice of arbitration to the petitioners ... 40 years back, respondents cannot be allowed to recover the
same by taking benefit of Article 112 of the Limitation Act
because admittedly period
then was) pointed out that
'reasonableness' of the administrator under
Article 14 in the context of administrative law has
to be judged from ... arbitrary' under Article 14 ,
the principle of secondary review based on
Wednesbury principles apply."
40. Additionally, the proportionality and punishment in
of
service
Sohan Lal vs State Of Himachal Pradesh on 2 November, 2016
Bench: Sanjay Karol , P
effect in
the Malkhana Register at Sr. No. 40. HC Gian Chand handed
over the articles to Constable Desh Raj with a direction to carry ... entry in the Malkhana Register
rt
at Sr. No. 40 and thereafter safely deposited the articles in
Malkhana. He has proved the abstract of Malkhana
powers
::: Downloaded on - 15/04/2017 21:35:29 :::HCHP
9
under Article 226 of the Constitution of India in cases where disputed
questions ... facts have been raised. It is apt to reproduce paras 37 and 40
of the judgment herein:
"37. In a case of this nature
40)"
14. In State of Maharashtra v.
Digambar , (1995) 4 SCC 683, while
dealing with exercise of power of the
High Court under Article ... appoint him
contrary to the recruitment rules framed
under proviso to Article 309 of the
Constitution of India which are
statutory in nature is clearly
40)"
14. In State of Maharashtra v.
Digambar , (1995) 4 SCC 683, while
dealing with exercise of power of the
High Court under Article ... appoint him
contrary to the recruitment rules framed
under proviso to Article 309 of the
Constitution of India which are
statutory in nature is clearly
40)"
14. In State of Maharashtra v.
Digambar , (1995) 4 SCC 683, while
dealing with exercise of power of the
High Court under Article ... appoint him
contrary to the recruitment rules framed
under proviso to Article 309 of the
Constitution of India which are
statutory in nature is clearly
40)"
14. In State of Maharashtra v.
Digambar , (1995) 4 SCC 683, while
dealing with exercise of power of the
High Court under Article ... appoint him
contrary to the recruitment rules framed
under proviso to Article 309 of the
Constitution of India which are
statutory in nature is clearly
