Constitution of India, 1950; Article 32, 226 -Independence and separation of powers – Giving a direction or advisory sermons to the Executive in respect of the sphere which is exclusively within the domain of the Executive or the Legislature would neither be legal nor proper. The Court cannot be permitted to usurp the functions assigned …
Constitution of India, 1950 ; Article 366(29A)(d) – In every case where the owner of the goods permits another person to use goods, the transaction need not be of the transfer of the right to use the goods. It can be simply a license to use the goods which may not amount to the transfer …
Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …
Constitution of India, 1950 ; Article 22(5) – Article 22(5) of the Constitution of India can broadly be divided into two parts – The first part involves the bounden duty of the authorities in serving the grounds of detention containing such grounds which weighed in the mind of the detaining authority in passing the detention …
Contempt of Courts Act, 1971 – The power of the High Courts to initiate contempt proceedings cannot be used to obstruct parties or their counsel from availing legal remedies- Courts must refrain from summoning officials as the first resort. While the actions and decisions of public officials are subject to judicial review, summoning officials frequently …
Constitution of India, 1950; Article 32, 226 – Judicial Review – SEBI – a. Courts do not and cannot act as appellate authorities examining the correctness, suitability, and appropriateness of a policy, nor are courts advisors to expert regulatory agencies on matters of policy which they are entitled to formulate; b. The scope of judicial …
Vishal Tiwari vs Union of India 2024 INSC 3 – SEBI – Judicial Review – Adani-Hindenburg Read More »
Constitution of India, 1950 ; Article 32 – Assuming that a High Court has passed an erroneous order, the remedy does not lie under Article 32 of the Constitution. Such an order can be subjected to judicial review of this Court through appropriate proceedings initiated by an aggrieved person. (Para 5) Summary: Writ Petition seeking …
“A large number of first generation lawyers have made their mark.”, Supreme Court observed while it rejected plea challenging senior designation. The court also made the following observations: “Senior Advocate carries many inhibitions in the role that they can perform, i.e., they have to appear with an instructing counsel, not draft and file pleadings, and …
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The story begins with the CBI registering an FIR against a Radiologist at 02:00 pm on 16th December 2004 for offences under the Prevention of Corruption Act, 1988. Later that evening, they laid a trap and the radiologist is said to have accepted a bribe. A charge sheet was filed and before the Special Judge …