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.… Read More DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]
September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation,? This issue has been considered in the case of Saurabh Kumar through his father Vs. Jailor, Koneila… Read More Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.
KEYWORDS:- CBI INVESTIGATION-WRIT POWER- Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers This extra-ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility… Read More State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]
KEYWORDS:- Panchayat Elections- Election Violetion- DATE:- April 09, 2018. Once the election process has been set in motion, the Court ought not to interfere ACT:-Article 32 of the Constitution of India AND West Bengal Panchayat Elections Act, 2003 SUPREME COURT OF INDIA Bharatiya Janata Party West Bengal Vs. State of West Bengal & Ors. [Writ Petition (C)… Read More Bharatiya Janata Party West Bengal Vs. State of West Bengal & Ors.[ALL SC 2018 APRIL]
KEYWORDS: PIL-SEX SELECTION- Exposer to internet- DATE : December 13, 2017- Many are guided by inappropriate exposure to the internet. The respondents have a role to control it and if any concrete suggestion is given by the petitioner, the same shall be incorporated. We command Google India, Yahoo ! India and Microsoft Corporation (I) Pvt.… Read More Dr. Sabu Mathew George Vs. Union of India and Others [SC 2017 December]
KEYWORDS: FORUM SHOPPING-FORUM HUNTING BY SENIOR LAWYER It is not obligatory for this Court to give reasons for dismissing the writ petition. Day in and day out in countless cases, while refusing to interfere with the orders this Court dismisses the petitions be they filed under Article 32 or 136 of the Constitution in limine.… Read More Kamini Jaiswal Vs. Union of India & ANR[SC 2017 NOV]