Skip to main content

PIL No.50 / 2011 BHC

Para 7: It is important to note that provisions of Citizens Charter by the Administrative Departments of the Government must be made known to the common man for whom it is meant. It is no doubt true that Citizens Charter which was published, though put on the website, however, in order to apprise the common man about the Citizens Charter, we direct each Administrative Department of the State Government to affix copy of Citizens Charter prepared by that Department on the notice board to be placed on the front lobby of the Department or at such a place which is easily visible to members of public who visit the Department. The entire exercise must be completed by each Department within a period of two months from today. We also expect the State Government to finalize the Rules to carry out purpose of the Act without further delay and notify the same in the official gazette.


PIL No.50 / 2011 – date of judgment – 21.12.2011



Sandeep Jalan

Advocate

Law Referencer: https://www.vakeelkanumber.com/

Comments

Popular posts from this blog

Fraud / Misleading the Courts

AIR 2007 SC 1546 Para 21:  Now, it is well settled principle of law that if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law. Before three centuries, Chief Justice Edward Coke proclaimed; "Fraud avoids all judicial acts, ecclesiastical or temporal". Para 22:  It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order by the first Court or by the final Court has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings. Para 23:  In the leading case of Lazarus Estates Ltd. V/s. Beasley, 1956 1 AllER 341, Lord Denning observed: "No judgment of a court, no order of a Minister, can be allowed to stand, if it has been obtained by fraud." ...

Res Judicata, doctrine of

A three Judges bench of the Hon’ble SUPREME COURT, in the case of Uttar Pradesh State Road Transport Corporation Versus State Of Uttar Pradesh, Judgment dated NOVEMBER 29, (2004 AIR 2005 SC 446 : 2005 (1) SCC 444) , observed as – Para 11: The principle of res judicata is based on the need of giving a finality to judicial decisions. The principle which prevents the same case being twice litigated is of general application and is not limited by the specific words of Sec. 11 of the Code of Civil Procedure in this respect. Res judicata applies also as between two stages in the same litigation to this extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings. Satyadhyan Ghosal V/s. Deorajin Debi, AIR 1960 SC 941. A three Judges Bench of the Hon’ble SUPREME COURT, in the case of Satyadhyan Ghosal Versus Deorajin...

Service, documents / Notices of, Presumpt

AIR 2011 SC 1150 PRESUMPTION OF SERVICE BY REGISTERED POST & BURDEN OF PROOF: Para 13:  This Court after considering large number of its earlier judgments in Greater Mohali Area Development Authority & Ors. V/s. Manju Jain & Ors., AIR 2010 SC 3817, held that in view of the provisions of Section 114 Illustration (f) of the Evidence Act, 1872 and Section 27 of the General Clauses Act, 1897 there is a presumption that the addressee has received the letter sent by registered post. However, the presumption is rebuttable on a consideration of evidence of impeccable character. A similar view has been reiterated by this Court in Dr. Sunil Kumar Sambhudayal Gupta & Ors. V/s. State of Maharashtra, JT 2010 (12) SC 287. Para 14:  In Gujarat Electricity Board & Anr. V/s. Atmaram Sungomal Poshani, AIR 1989 SC 1433, this Court held as under: "There is presumption of service of a letter sent under registered cover, if the same is returned back with a...