Precedent– Ignoring the law laid down by the Constitution Bench of this Court in Bhagat Ram and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench, in our view, would undermine its soundness. (Para 58) …
Karnail Singh vs State Of Haryana 2024 INSC 424 – Review Powers – Precedent Read More »
Constitution of India, 1950; Article 12,226– Whether Air India Limited after having been taken over by a private corporate entity could have been subjected to writ jurisdiction of the High Court? AIL, the erstwhile Government run airline having been taken over by the private company Talace India Pvt. Ltd., unquestionably, is not performing any public …
Constitution of India, 1950; Article 300A – The right to property ceased to be a fundamental right by the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a constitutional right under Article 300-A of the Constitution. Article 300-A provides that no person shall be deprived …
Constitution of India, 1950; Article 22(1) – Any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have …
Constitution of India, 1950; Article 226 – Disputes arising out of purely contractual obligations cannot be entertained by the High Court in exercise of the extra ordinary writ jurisdiction. In the case of Union of India and Ors. v. Puna Hinda (2021) 10 SCC 690 – In this case, the relief which was sought by …
Municipal Comittee Katra vs Ashwani Kumar 2024 INSC 398 – Writ Jurisdiction Read More »
Constitution of India, 1950; Article 21 – The right to choose and reproductive freedom is a fundamental right under Article 21 of the Constitution. Therefore, where the opinion of a minor pregnant person differs from the guardian, the court must regard the view of the pregnant person as an important factor while deciding the termination …
Constitution of India, 1950; Article 226- Writ petition raising issues irregularity committed in the construction- The appropriate remedy is to approach the municipal authorities and if no proper response was forthcoming, then the civil Court was the appropriate forum for ventilating the grievances of the nature. (Para 9)
Constitution of India, 1950; Article 226- Maintainability of the Habeas Corpus petition with regard to custody of the minor child – Habeas corpus is a prerogative writ which is an extraordinary remedy. It has been held that recourse to such a remedy should not be permitted unless the ordinary remedy provided by the law is …
Nirmala vs Kulwant Singh 2024 INSC 370 – Habeas Corpus – Child Custody Matters Read More »
Constitution of India, 1950; Article 246 and Entry 91 of List I –The power to prescribe the rate of duty is mutually exclusive and has been clearly demarcated between the Parliament and the legislatures of the stat- Only the Parliament holds the exclusive power and the legislative competence under the Constitution to prescribe the rate …
Constitution of India, 1950; Article 226 – Judicial Review- Courts lack the expertise to correct administrative decisions and the intervention of the Courts should be limited to ensuring that the decision-making process is free from arbitrariness, bias, or mala fides. However, the Court cannot scrutinize whether the decision itself is sound or the most appropriate-The …