Tag: Writ

CIVIL

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. 55 of 1954, Decided on : 05-04-1954. Res judicata—Writ petition—The … Continue reading M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

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CIVIL

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 Court or Tribunal final on facts.” 33. In State through … Continue reading The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

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CIVIL

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 protected rights in some way.   Continue reading Habeas corpus writ

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CIVIL

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”, “but it is equally true that in a case where … Continue reading 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

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CIVIL

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 Proprietor A.D.M. Anwar Khan Vs. Union of India through Secretary … Continue reading 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]

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CIVIL

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 step to achieve transparency and to give an opportunity to … Continue reading Richal & Ors. Etc. Vs. Rajasthan Public Service Commission & Ors. Etc.[ALL SC 2018 MAY]

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Writ

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 and instil confidence in investigations or where the incident may … Continue reading State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

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CIVIL

Nonihal Singh Vs. Maya Devi [ALL SC 2018 APRIL]

KEYWORDS:- DELAY DATE:- The power and jurisdiction of the High Court vested under Sections 226 and 227 is for the purpose of securing ends of justice. ACTS:-  Section 9 of the Rajasthan Rent Control Act, 2001 SUPREME COURT OF INDIA Nonihal Singh Vs. Maya Devi [Civil Appeal Nos.36873688 of 2018 arising out of SLP (C) Nos.697273 of 2018] O R D E R ASHOK BHUSHAN, … Continue reading Nonihal Singh Vs. Maya Devi [ALL SC 2018 APRIL]

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CIVIL

Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

KEYWORDS:- Land acquisition-INTEREST- SCOPE OF WRIT – DATE:- February 06, 2018 The dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition. In other words, reference under Section 18 or Section 28A(3) cannot be considered to be an alternative statutory remedy available to the landowner for getting the question … Continue reading Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

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LAND

Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

KEYWORDS:- WRIT APPEAL- LAND RECORD-MUTATION DATE:-February 02, 2018 “Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of Teja Singh. The dispute is as to which of the parties is in possession of the land. The High Court erred in directing that the names of both the parties should be … Continue reading Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

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