Calcutta High Court held: Illegal intrusion of police into Howrah Court premises is violation of Constitution and Laws-The need for a building for a court is fundamental to its existence. Judicial institutions
are the institutions of the national life contemporaneous with the fact that they are the seeds of dispensation of the Judicial Authority under the Constitution and the Laws. Such authority of the Court being inseparable element of the sovereign, unauthorised intrusion into its premises and the activities would stand to breach the Constitution and the Laws. The executive agency of a State, viz., the Government, has the constitutional duty to provide infrastructure for the Courts and also to protect those institutions and premises dedicated for activities in connection with the Courts.
Dr. Ashwani Kumar Vs. Union of India and Another – 5/09/2019- The right to life with dignity under Article 21, this Hon'ble Court may be pleased to direct the Central Government to enact a suitable stand-alone, comprehensive legislation against custodial torture as it has directed in the case of mob violence/lynching vide its judgment 17th July 2018.
Dr. Bimal Kumar Raj & Ors. VS The State of West Bengal and Ors.[CHC]-26/07/2019-Land acquisition-In a democratic polity the larger interest of the populous has to be given weightage. The minuscule minority has to understand and accept the larger and more laudable need for overall development of the district and the economy of the State. Such larger interest is in the overall Socio-Economic development of the State. Employment generation, revenue income, poverty alleviation in an entire district must be given primacy over the small personal and individual shenanigans.
DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]-Supreme court dismissed the writ petition U/a 32, now the High court shall not entertain a petition U/A 226 of the Constitution.
After dismissal of the writ petition by the Hon'ble Apex Court, the petitioner has not filed any review petition. It was open to the petitioner to file review and in case of its dismissal a curative petition. He has failed to point out as to why the same was not done. At his juncture, we may clarify that before Hon'ble Apex Court Annexure P-14 (which is annexure No. 1 to the instant writ petition), the order passed by respondent No. 2 dated 23.10.2004 was challenged. In the given circumstances, we find that neither review was filed nor any curative petition was filed nor it is stated before this Court that any such petition is pending before the Hon'ble Apex Court. Accordingly, finality is to be attached to the order passed by the Hon'ble Apex Court on 11.4.2005. Even at this stage, the petitioner has not pressed before this Court that he is inclined to file such petition before the Hon'ble Apex Court. Consequently, we have to proceed with the matter with the assumption that the order passed by Hon'ble Apex Court has become final as the same has not so far been challenged before the Hon'ble Supreme Court.
Whether the principle of constructive res judicata is applicable to writ petitions or not-Yes-07-10-1964-There can be no doubt that the fundamental rights guaranteed to the citizens are a significant feature of our Constitution and the High Courts under Art. 226 are bound to protect these fundamental rights. There can also be no doubt that if a case is made out for the exercise of its jurisdiction under Art. 226 in support of a citizen's fundamental rights, the High Court will not hesitate to exercise that jurisdiction. But the question as to whether a citizen should be allowed to challenge the validity of the same order by successive petitions under Art. 226, cannot be answered merely in the light of the significance and importance of the citizens' fundamental rights. The general principle underlying the doctrine of res judicata is ultimately based on considerations of public policy. One important consideration of public policy is that the decisions pronounced by courts of competent jurisdiction should be final, unless they are modified or reversed by appellate authorities; and the other principle is that no one should be made to face the same kind of litigation twice over, because such a process would be contrary to considerations of fair play and justice, vide : Daryao and Others Vs. The State of U.P. and Others, .
Writ Law Digest-Under Article 226 of the Constitution, the jurisdiction of a High Court to issue appropriate writs particularly a writ of Mandamus is highly discretionary. TheContinue Reading
QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.
Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit?
The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.
The common parlance test”, “marketability test”, “popular meaning test” are all tools for interpretation to arrive at a decision on proper classification of a tariff entry. These tests, however, would be required to be applied if a particular tariff entry is capable of being classified in more than one heads.