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1 - 10 of 21 (0.24 seconds)Article 162 in Constitution of India [Constitution]
Section 4 in Karnataka Urban Water Supply and Drainage Board Act, 1973 [Entire Act]
Karnataka Urban Water Supply and Drainage Board Act, 1973
Section 68 in Karnataka Urban Water Supply and Drainage Board Act, 1973 [Entire Act]
Article 309 in Constitution of India [Constitution]
Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April, 1955
... it is not obligatory under proviso to Article 309 to make rules of recruitment etc., before a service can be constituted or a post created or filled. This is not to say that it is not desirable that ordinarily rules should be made on all matters which are susceptible of being embodied in rules. Secondly, the State Government has executive power, in relation to all matters with respect to which the Legislature of the State has power, to make laws. It follows from this that the State Government will have executive powers in respect of List II, Entry 41, State Public Services. It was settled by this Court in Rai Sahib Ram Jawaya Kapur and Ors. v. State of Punjab , that it is not necessary that there must be a law already in existence before the executive is enabled to function and that the powers of the executive are limited merely to the carrying out of these laws. We see nothing in the terms of Article 309 of the Constitution which abridges the power of the executive to Act under Article 162 of the Constitution without a law. It is hardly necessary to mention that if there is a statutory rule or an act on the matter, the executive must abide by that act or rule and it cannot in exercise of the executive power under Article 162 of the Constitution ignore or Act contrary to that rule or act.
The University Of Mysore And Anr vs C. D. Govinda Rao And Anr on 26 August, 1963
25. A Constitution Bench of the Supreme Court in the case of University of Mysore and Anr. v. C.D. Govinda Rao and Anr. , has explained the scope of the writ of quo warranto as under:
B.R. Kapoor vs State Of Tamil Nadu And Anr on 21 September, 2001
26. Yet another Constitution Bench of the Supreme Court in the case of B.R. Kapur v. State of Tamil Nadu and Anr. , has held as under:
Statesman (Private) Ltd vs H. R. Deb & Ors on 2 April, 1968
A Constitution Bench of the Supreme Court in the case of Statesman (Private) Limited v. H.R. Deb and Ors. , held that the High Court in a quo warranto proceeding should be slow to pronounce upon the matter unless there is a clear infringement of the law.