Tag: Writ

SC refused to interfere with the arrest of five activists by Maharashtra Police in Koregaon-Bhima violence case.

Accordingly, this writ petition is disposed of with liberty to the concerned accused to take recourse to appropriate remedy as may be permissible in law. The interim order passed by this Court on 29th August, 2018 shall continue for a period of four weeks to enable the accused to move the concerned court. The said proceedings shall be decided on its own merits uninfluenced by any observation made in this judgment, which is limited to the reliefs claimed in the writ petition to transfer the investigation to an independent Investigating Agency and/or Court-monitored investigation. The Investigating Officer is free to proceed against the concerned accused as per law. All the accompanying applications are also disposed of in terms of this judgment”. [Read the Judgment]… Read More SC refused to interfere with the arrest of five activists by Maharashtra Police in Koregaon-Bhima violence case.

Advocatetanmoy

Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

September 6, 2018-Writ Petitions under Article 32-Army Service Corps-The Officers belonging to the ASC, Army Ordinance Corps, and Electronic and Mechanical Engineers, i.e. the services stream, do not constitute a common cadre with those serving in the Arms, and Arms Support for the purposes of promotion.4 As a result, they were not entitled to be considered for promotion to the rank of Colonel against the vacancies created in pursuance of the implementation of the AVS Committee Report.

The Petitioners have contended that the Posting Orders passed by the Respondents posting them to operational areas/units is violative of their Fundamental Rights guaranteed by Articles 14 and 21 of the Constitution. The Petitioners have, however, failed to substantiate how their Fundamental Rights have been violated. Postings and transfers are a necessary incident of service. Hence, the grievance, if any, cannot be entertained under Article 32.… Read More Maj. Amod Kumar Vs. Union of India & ANR. [ALL SC 2018 SEPTEMBER]

Advocatetanmoy

M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

KEYWORDS:-SANCTION FOR PROSECUTION AIR 1954 SC 362 : (1955) 1 SCR 168 : (1954) CriLJ SC 1012 (SUPREME COURT OF INDIA) M. K. Gopalan and another Appellant Versus The State of MADHYA PRADESH Respondent (Before : B. K. Mukherjea, S. R. Das, N. H. Bhagwati, B. Jagannadhadas And T. L. Venkatarama Ayyar, JJ.) Petition No.… Read More M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

Advocatetanmoy

The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

In Bathutmal Raichand Oswal vs. Laxmibai R. Tarta and another, (1975) 1 SCC 858, this Court held : “The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal when the Legislature has not conferred a right of appeal and made the decision of the subordinate… Read More The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

Advocatetanmoy

Habeas corpus writ

Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally… Read More Habeas corpus writ

Advocatetanmoy

Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere

Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very slow in interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence available on record”,… Read More Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere

Advocatetanmoy

United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

KEYWORDS:-Private Tour Operators-Quota for the Hajj-Hajj policy- DATE:-May 07, 2018 “It was also emphasized that it is a sound policy to punish the wrongdoer and it is in that spirit that the courts have molded the relief by granting compensation in exercise of writ jurisdiction”. SUPREME COURT OF INDIA United Air Travel Services through its… Read More United Air Travel Services through its Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary (Ministry of External Affairs) [ALL SC 2018 MAY]

Advocatetanmoy

Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

KEYWORDS:-Reexamination of Answer Sheet-Publication of key answers- DATE:-MAY 03, 2018. The key answers prepared by the papersetter or the examining body is presumed to have been prepared after due deliberations. To err is human. There are various factors which may lead to framing of the incorrect key answers. The publication of key answers is a… Read More Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

Advocatetanmoy

State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

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]

Advocatetanmoy