Constitution of India

Sarfaesi – Interim orders should generally not be passed without hearing the secured creditor

COI Art. 136 – Appeal by special leave – Against interlocutory orders

Writ – Medical Negligence – In a writ petition, question of negligence can not be gone into.

Transfer of trial – Apprehension of not getting a fair and impartial enquiry/trial is required to be reasonable and not imaginary

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Constitution of India

COI Art. 227 – Revision – Scope of interference is limited.

[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...

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...

COI Art. 226 – Mandamus – Before issuing a writ of mandamus, the petitioner is required to establish legal right and corresponding duty of the respondents –

Constitution of India, Article 226 – Mandamus – Before issuing a writ of mandamus, the petitioner is required to establish...

Right of privacy – Right to information – Challenge to the action of the Reserve Bank of India in directing disclosure of confidential and sensitive information pertaining to their affairs, their employees and their customers under the Right to Information Act, 2005

Constitution of India, Article 32 - Right of privacy - Right to information - Challenge to the action of the...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

COI Art. 142 – The interests of the child are best subserved by ensuring that both the parents have a presence in his upbringing

Constitution of India, Article 142 - Custody of child - In matters such as the present, the welfare of the...

Constitution of India, Article 166 – Communication of the order alone confers on a paper the status of an order .

read HERE PLRonline 408592 PLRonline 408592

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Sarfaesi – Private treaty – Sale of Secured Assets Through Private Treaty

Sale of Secured Assets Through Private Treaty, circular 01.11.2017 – Constitution of India, Article 14, 226 - Vires - The...

CPA S. 27 – No order is passed against the appellant in its individual capacity who was shown as Secretary of the Society – For the default committed by the society, and in absence of any personal liability appellant could not be imprisoned .

Constitution of India, Article 226 – Writ of mandamus shall be maintainable only if the petitioner has a right and the respondent has a corresponding duty to perform the right.

read HERE PLRONLINE 411387 PLRONLINE 411387

Constitution of India, Article 14, 226 – public law element” – Every case in which a citizen/person knocks at the doors of the writ court for breach of his or its fundamental rights is a matter which contains a “public law element”.

Constitution of India, Article 14, 226 - “public law element” - Every case in which a citizen/person knocks at the...

Education – Admission granted under interim orders – Course completed – Writ dismissed – High court had no powers to grant relied – SC under Art. 142 declared petitioner had successfully completed course.

Education - Under the interim orders passed by the High Court, her candidature was directed to be considered and...

COI Art. 21 – Right to health is an integral part of the right to life under Article 21 of the Constitution – Without health, the faculties of living have little meaning and Court would be justified in taking recourse to the coercive arm of law

Constitution of India, 1950 Art. 21 - The right to health is an integral part of the right to life...

Constitution of India , Article 226 – ‘error of jurisdiction’ – Discretionary exercise of jurisdiction by the High Courts under Article 226(1) when the contention could be raised and decided by the Tribunal having exclusive jurisdiction

Constitution of India , Article 226 - ‘error of jurisdiction’ - Discretionary exercise of jurisdiction by the High Courts...

Constitution of India, Article 226 – No such principle of law that a High Court, in exercise of its jurisdiction under Art.226 of the Constitution of India cannot decide disputed questions of fact.

Constitution of India, Article 226 – No such such principle of law that a High Court, in exercise of its...

SARFAESI Act, 2002 – Writ – Almost 15 months after grant of the status quo order by this Court, it would be a travesty of justice to compel the petitioners to avail the alternative remedy before the Debt Recovery Tribunal by invoking Section 17 of the Act

Constitution of India, Article 226 – Almost 15 months after grant of the status quo order by this Court, we...

[SC] SARFAESI Act – Constitution of India, Art. 226 – Interim injunction – Filing of the writ petitions by the borrowers .