Constitution of India, 1950; Article 226 – Power to direct CBI to conduct investigation is to be exercised sparingly and such orders should not be passed in routine manner- In this case, SC directed cbi to probe a case of suspicious death of senior judicial officer’s wife – The aggrieved party has raised allegations of …
Mandakini Diwan vs High Court Of Chhattisgarh 2024 INSC 666 – CBI Investigation Read More »
Constitution of India, 1950; Article 226 – Writ of Habeas Corpus – a. Writ of Habeas corpus is a prerogative writ. It is an extraordinary remedy. It is a discretionary remedy; b. The High Court always has the discretion not to exercise the writ jurisdiction depending upon the facts of the case. It all depends …
Somprabha Rana vs State of Madhya Pradesh 2024 INSC 664 Read More »
Constitution of India, 1950; Article 142 – Code Of Criminal Procedure, 1973; Section 320, 482- Courts cannot grant permission to compound the noncompoundable offences, on the basis of any sort of compromise between the parties, as it would be contrary to what has been provided by legislation, except the High Court under Section 482 of …
Suraj Singh Gujar vs State Of Madhya Pradesh 2024 INSC 661 – Article 142 – Compounding Read More »
Constitution of India,1950; Article 234,309 -Can executive instructions in the form of a resolution of the Full Court override statutory rules made under Article 234/309? Executive instructions cannot override statutory Rules where the method of final selection by combining the cumulative grade value obtained in the written and the viva voce examinations is specified categorically. …
Constitution of India, 1950; Article 21- Speedy Trial – Howsoever serious a crime may be, an accused has a right to speedy trial as enshrined under the Constitution of India- If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to …
Constitution of India,1950; Article 341,342- Any inclusion or exclusion in or from the list of Scheduled Castes can only be made through an Act of Parliament under Articles 341 and 342 of the Constitution of India. As a corollary thereto, neither the State Government nor the Courts have the authority to modify the list of …
Constitution of India,1950; Article 136– Article 136 can be invoked by a party in a petition for special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by a Court or Tribunal within the territory of India. The reach of the extraordinary powers vested in …
Summary: Whether the appellants herein, despite being classified as temporary employees of a scheme managed by contributory pooling of funds, can claim entitlement to pensionary benefits in accordance with the 6th CPC? SC Held: The denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to …
Constitution of India, 1950; Article 16- Reservation – The concept of “Vertical Reservations” and “Horizontal Reservations” explained – Referred to Indra Sawhney vs. Union of India 1992 Supp. (3) SCC 217. (Para 12) -The reservation for persons with disabilities would be relatable to Clause (1) of Article 16 and the persons selected against this quota …
Constitution Of India,1950; Article 226- Maintainability of the habeas corpus petition in the matters of custody of minor child – No hard and fast rule can be laid down – Whether the writ court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances …
Gautam Kumar Das vs NCT Of Delhi 2024 INSC 610 – Habeas Corpus – Child Custody Read More »