Constitution of India
Prevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)
Pankaj Bansal v. Union of India 2023 SCeJ 639 , PLRonline 446685 (SC) , (2023-4)212 PLR 535 (SC) SUPREME COURT...
Read more[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]
Custodial interrogation is not for the purpose of `confession' as the right against self-incrimination is provided by Article 20(3) of...
Read more[SC] Bail – Surety – Multiple FIRs – Single Bond to be executed for the FIRs. [ 2018 PLRonline 1304]
Bail order imposed onerous condition of producing indvidual sureties, one in each of the over 30 cases - Modified to...
Read moreConstitution of India, Article 226 – Compassionate appointment – Medical opinion – Court Cannot substitute opinion of medical experts .[2023 PLRonline 0122]
2023 PLRonline 0122 PUNJAB AND HARYANA HIGH COURT Before: Jagmohan Bansal, J. Surjeet Kumar - Petitioner Versus Union of India...
Read moreConstitution of India, Article 14 – If an employee dies, no order can be passed against them as they are not available to defend themselves – Any proceedings initiated against an employee that are not concluded before their death abate, including a show cause notice pending against an employee for the withdrawal of their pay scale. [PLRonline 449676]
(2023-3)211 PLR 638 PUNJAB AND HARYANA HIGH COURT Before: Justice Harsimran Singh Sethi. RAJBALA - Petitioner Versus STATE OF HARYANA...
Read moreElectricity Act, S. 2(5) – Constitution of India, Art. 226 – Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded – However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]
(2023-1)209 PLR 048 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. HINDUSTAN PETROLEUM CORPORATION LIMITED – Petitioner,...
Read moreNational Commission for the Scheduled Castes and Scheduled Tribes – Has no power to order the investigation agency nor accept complaints alleging that a FIR against a person is not being properly recorded or investigated. [(210) Punjab Law Reporter 368]
National Commission for the Scheduled Castes and Scheduled Tribes, with a mandate to monitor/protect the interests of members belonging to...
Read moreRight to property is considered to be not only a Constitutional or a Statutory Right but also a human right. [SupremeCourtOnline ID 310501]
Full Judgment for Online Subscribers (Click to subscribe) Right to property is now considered to be not only a constitutional...
Read morePleasure doctrine – Applicability – Nominated members continue only till the pleasure of the government – Municipality .
Pleasure doctrine - Applicability - Nominated members - Municipality
Read moreSarfaesi – Interim orders should generally not be passed without hearing the secured creditor
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Constitution of India, Articles 226 or...
Read moreCOI Art. 136 – Appeal by special leave – Against interlocutory orders
Constitution of India, Art. 136 - Appeal by special leave – Against interlocutory orders - As a general rule as...
Read moreWrit – Medical Negligence – In a writ petition, question of negligence can not be gone into.
Constitution of India, Art. 226 - Writ - Medical Negligence - In a writ petition, the question as to whether...
Read moreTransfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary
Constitution of India, Article 32 - Transfer of trial - Apprehension of not getting a fair and impartial enquiry/trial is...
Read more
[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi
United Bank of India vs. Satyawati Tondon & Others, (2010) 8 SCC 110, was concerned with the argument of alternative...
Read more
COI Art. 32 – Writ of certiorari – Whether an order passed by the High Court on original side in the proceedings before it could be challenged under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under Article 19(1)(a), (d) and (g) of the Constitution of India.
Constitution of India, Article 32 - Writ of certiorari - Whether an order passed by the High Court on original...
Read more
