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of <h1>Interpretation of Kar Vivad Samadhan Scheme Section 95 & High Court Rules</h1> <h3>AMIT BOARDS Versus UNION OF INDIA</h3> AMIT BOARDS Versus UNION OF INDIA - 1999 (114) E.L.T. 387 (Kar.) Issues:1. Interpretation of Section 95 of the Kar Vivad Samadhan Scheme, 1998 regarding the admission of a writ petition.2. Application of the High Court Rules for admitting a case and issuing a rule nisi.3. Requirement of a prima facie case for issuing a rule nisi.4. Consideration of maintainability of writ petitions at the preliminary hearing stage.5. Applicability of mind by the Court in issuing a rule nisi and deciding on the maintainability of writ petitions.Analysis:1. The primary issue in this case revolved around the interpretation of Section 95 of the Kar Vivad Samadhan Scheme, 1998 to determine whether the writ petition was admitted and pending before the Court, enabling the petitioner to claim benefits under the Scheme. The Court examined the timeline of events and the provisions of the Scheme to ascertain the admissibility of the writ petition filed by the petitioner on 16-12-1998, particularly in light of the urgency of the matter and the extension of the Scheme beyond the initial deadline.2. The Court delved into the High Court Rules, specifically Chapter II of the High Court of Karnataka Rules, 1959, to understand the procedure for admitting a case and issuing a rule nisi. The definition of 'to admit a case' was scrutinized, emphasizing the importance of issuing notice to the respondent after a preliminary perusal of papers or hearing, as outlined in the relevant provisions of the Code of Civil Procedure and other applicable laws. Additionally, Rule 12 of the Karnataka High Court Writ Proceedings 1977 was cited to highlight the post-admission procedures for writ petitions.3. Another crucial aspect addressed in the judgment was the requirement of a prima facie case for issuing a rule nisi. The Court noted that a rule nisi is typically issued when a prima facie case is established for granting relief in a petition, necessitating the respondents to justify why the relief should not be granted. The judgment referenced a previous case law to emphasize that if no triable issue is raised by the petitioner, the petition may be dismissed summarily.4. The Court meticulously analyzed the consideration of the maintainability of writ petitions at the preliminary hearing stage. It highlighted the necessity for an application of mind by the Court during the issuance of a rule nisi, emphasizing that the judge must assess the documents and legal provisions to determine the viability of the petition. The judgment critiqued the interim order of 31-12-1998, pointing out the lack of application of mind by the judge, which ultimately led to the dismissal of the writ petitions as not maintainable.5. Lastly, the judgment underscored the importance of the Court's application of mind in issuing a rule nisi and deciding on the maintainability of writ petitions. It noted that despite the parties being heard for the purpose of enabling the petitioner to file a declaration and discussing the maintainability of the writ petition, the lack of a thorough assessment of the petition's viability meant that the petitioner could not claim the benefits under the Scheme. The Court dismissed the petition, emphasizing the necessity of a judicious application of mind throughout the legal proceedings.
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