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1 - 10 of 63 (0.30 seconds)Article 14 in Constitution of India [Constitution]
Section 15 in The Transfer Of Property Act, 1882 [Entire Act]
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
In view of these facts reliance upon the judgments in M.P. Oil Extraction and Anr. v. State of MP and Ors. Bharat Catering Corporation and Anr. v. UOI and Ors. , Union of India and Ors. v. Hindustan Development Corporation and Ors. and Narendra Kumar Maheshwari v. UOI and Ors. 1990 (Supp) SCC 440 is misplaced. Secondly, doctrine of legitimate expectation cannot be enforced against these statutory provisions. Thirdly, legitimate doctrine which is developed by the court and is based on equality would not override public interest. The court would interfere only if the decision taken by the authority was arbitrary, unreasonable and not taken in public interest.
State Of Madhya Pradesh & Ors vs Nandlal Jaiswal & Ors on 24 October, 1986
59. Legal position apart, in the facts of this case we do not find that any discriminatory treatment being meted out to the appellants. The attempt of the appellants to equate their case with small shopkeepers and alleged discrimination on that ground would be meaningless. The appellants cannot equate their case with small and petty shopkeepers and such shopkeepers would definitely constitute a separate class. We agree with the reasons given by the learned Single Judge on this aspect of the matter. We may note that relying upon the Supreme Court judgments in Balco Employees' Union (Regd.) v. Union of India , State of MP v. Nandlal Jaiswal , Peerless General Finance and Investment Co. Ltd. v. Reserve Bank of India , Premium Granites v. State of T.N. , Delhi Science Forum v. Union of India [(1998) 2 SCC 405], R.K. Garg v. Union of India , M.P. Oil Extension v. State of M.P. , State of Punjab v. Ram Lubhaya Bagga , and Bhavesh D. Purish v. Union of India and rejecting the plea of hostile discrimination, the learned Single Judge held:
Peerless General Finance And ... vs Reserve Bank Of India And Ors. on 3 May, 1995
59. Legal position apart, in the facts of this case we do not find that any discriminatory treatment being meted out to the appellants. The attempt of the appellants to equate their case with small shopkeepers and alleged discrimination on that ground would be meaningless. The appellants cannot equate their case with small and petty shopkeepers and such shopkeepers would definitely constitute a separate class. We agree with the reasons given by the learned Single Judge on this aspect of the matter. We may note that relying upon the Supreme Court judgments in Balco Employees' Union (Regd.) v. Union of India , State of MP v. Nandlal Jaiswal , Peerless General Finance and Investment Co. Ltd. v. Reserve Bank of India , Premium Granites v. State of T.N. , Delhi Science Forum v. Union of India [(1998) 2 SCC 405], R.K. Garg v. Union of India , M.P. Oil Extension v. State of M.P. , State of Punjab v. Ram Lubhaya Bagga , and Bhavesh D. Purish v. Union of India and rejecting the plea of hostile discrimination, the learned Single Judge held:
New India Public School & Ors. Etc vs Huda & Ors. Etc on 15 July, 1996
(g) When the statute provides for several modes for disposal of the property as in the case of New India Public School (supra) where Section 15(3) provided for the disposal of the property by public auction, allotment, or otherwise, the court declared that the word `otherwise' would be construed to be consistent with the public purpose as public authority is discharging its public duty while disposing of the property when it is not resorting to public auction but `otherwise'. Therefore, the court mandated the necessity of unequal guidelines or rules so that it is not at the whim and fancy of the public authorities or under their garb or cloak for any extraneous consideration. Again it would depend upon the nature of the scheme and object of public purpose sought to be achieved while resorting to this mode. The court thus held that it was necessary to make specific regulations or valid guidelines to exercise discretionary powers by public authorities; otherwise the salutary procedure would be by public auction.
Premium Granites vs State Of T.N on 4 February, 1994
59. Legal position apart, in the facts of this case we do not find that any discriminatory treatment being meted out to the appellants. The attempt of the appellants to equate their case with small shopkeepers and alleged discrimination on that ground would be meaningless. The appellants cannot equate their case with small and petty shopkeepers and such shopkeepers would definitely constitute a separate class. We agree with the reasons given by the learned Single Judge on this aspect of the matter. We may note that relying upon the Supreme Court judgments in Balco Employees' Union (Regd.) v. Union of India , State of MP v. Nandlal Jaiswal , Peerless General Finance and Investment Co. Ltd. v. Reserve Bank of India , Premium Granites v. State of T.N. , Delhi Science Forum v. Union of India [(1998) 2 SCC 405], R.K. Garg v. Union of India , M.P. Oil Extension v. State of M.P. , State of Punjab v. Ram Lubhaya Bagga , and Bhavesh D. Purish v. Union of India and rejecting the plea of hostile discrimination, the learned Single Judge held:
Delhi Science Fortum & Ors vs Union Of India & Anr on 19 February, 1996
59. Legal position apart, in the facts of this case we do not find that any discriminatory treatment being meted out to the appellants. The attempt of the appellants to equate their case with small shopkeepers and alleged discrimination on that ground would be meaningless. The appellants cannot equate their case with small and petty shopkeepers and such shopkeepers would definitely constitute a separate class. We agree with the reasons given by the learned Single Judge on this aspect of the matter. We may note that relying upon the Supreme Court judgments in Balco Employees' Union (Regd.) v. Union of India , State of MP v. Nandlal Jaiswal , Peerless General Finance and Investment Co. Ltd. v. Reserve Bank of India , Premium Granites v. State of T.N. , Delhi Science Forum v. Union of India [(1998) 2 SCC 405], R.K. Garg v. Union of India , M.P. Oil Extension v. State of M.P. , State of Punjab v. Ram Lubhaya Bagga , and Bhavesh D. Purish v. Union of India and rejecting the plea of hostile discrimination, the learned Single Judge held:
R.K. Garg Etc. Etc vs Union Of India & Ors. Etc on 20 October, 1981
59. Legal position apart, in the facts of this case we do not find that any discriminatory treatment being meted out to the appellants. The attempt of the appellants to equate their case with small shopkeepers and alleged discrimination on that ground would be meaningless. The appellants cannot equate their case with small and petty shopkeepers and such shopkeepers would definitely constitute a separate class. We agree with the reasons given by the learned Single Judge on this aspect of the matter. We may note that relying upon the Supreme Court judgments in Balco Employees' Union (Regd.) v. Union of India , State of MP v. Nandlal Jaiswal , Peerless General Finance and Investment Co. Ltd. v. Reserve Bank of India , Premium Granites v. State of T.N. , Delhi Science Forum v. Union of India [(1998) 2 SCC 405], R.K. Garg v. Union of India , M.P. Oil Extension v. State of M.P. , State of Punjab v. Ram Lubhaya Bagga , and Bhavesh D. Purish v. Union of India and rejecting the plea of hostile discrimination, the learned Single Judge held: