Constitution of India

Landmark ruling on bail under UAPA S. 43D(5) – Differentiation between masterminds and facilitators – Accused-specific inquiry mandated – Prolonged incarceration not automatic ground for bail under special statutes

January 6, 2026

COI Art. 136 – Appeal – Evidence – Reappreciation of .

October 23, 2024

Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]

September 14, 2024

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Constitution of India

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

April 30, 2022

SARFAESI Act – Constituion of India, Art. 226 - Interim injunction - Filing of the writ petitions by the borrowers...

CPC O. 6 R. 17 – Pleading is required to state material facts and not evidence by which they are to be proved – In written statement plea already taken up that petitioner has got several properties – Amendment giving details of these properties is not required – Tenancy. 2022 PLRonline 7654

[SC] SARFAESI Act – Constitution of India, Art. 226 – A writ petition against the private financial institution – ARC – appellant herein under Article 226 of the Constitution of India against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable

April 30, 2022

SARFAESI Act – Constitution of India, Art. 226 - A writ petition against the private financial institution – ARC –...

Service matter – Quantum of punishment in disciplinary matters – factors

[SC] Banking – OTS – No writ of mandamus can be issued by the High Court in exercise of powers under Article 226 of the Constitution of India, directing a financial institution/bank to positively grant the benefit of OTS to a borrower.

April 30, 2022

Constitution of India, Art. 226 - Banking - OTS - No writ of mandamus can be issued by the High...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

[SC] Constitution of India – List I Entry 40 , List II Entry 34 and 62 – ‘betting and gambling’

Constitution of India - Entry 40 of List I and Entries 34 and 62 of List II - Whether there...

[SC] Lotteries and gambling – ‘lotteries’ are a species within the genus of ‘gambling.’

Lotteries and gambling - ‘lotteries’ are a species within the genus of ‘gambling.’ - One of the essential features of...

[SC] Constitution of India – ‘betting and gambling’ in Entry 34 of List II

Constitution of India - ‘betting and gambling’ in Entry 34 of List II (i) That the subject ‘betting and gambling’...

[SC – 23.3.22] Constitution of India – Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution:

Constitution of India - Interpretation of the Entries of the Lists of the Seventh Schedule of the Constitution: 1. The...

SRA S. 16 – Financial capacity – Conduct throughout the transaction

COI Art. 226 – Prayer for changing category from BCA to Scheduled Caste when selection process is complete – Not allowed. 2022 PLRonline 7854

April 9, 2022

Constitution of India, Article 226 – Petitioner had applied for the post of Shift Attendant under BCA category - He...

CPC O. 6 R. 17, 18 – Once an application for amendment is allowed, amended plaint is to be filed within the stipulated time, the plaint cannot be amended thereafter

COI Art. 226 – CrPC – Writ jurisdiction – Petitioner had not adopted either of the procedure provided under the Code – As a consequence, without availing of the above procedure, the petitioner is not entitled to approach the High Court by filing a writ petition and seeking a direction to conduct an investigation by the CBI

March 27, 2022

Constitution of India, Article 226 – Criminal Procedure Code, 1973 (II of 1974) - Writ jurisdiction - Petitioner had not...

Universal Petro Chemicals Ltd. v. B.P. PLC , 2022 PLRonline 1803 , 2022 SCeJ 0307 , (2022-1)205 PLR 794 (SC)

COI Art. 226 – Ad valorem – Court fee – Plaintiff not being the executant to the transfer deed, is not liable to pay ad-valorem Court fee

March 26, 2022

Constitution of India, Article 226 – Ad valorem – Court fee – Plea -Respondent is a widow lady and claiming...

COI Art. 226 – Writ of Habeas Corpus – For taking custody of the child from one of the parents – Is clearly maintainable.

March 11, 2022

Constitution of India, Article 226 – Writ of Habeas Corpus – For taking custody of the child from one of...

COI Art. 226 – Custody of child – Child repeatedly stated that he wanted to stay with his mother and not with his father

March 11, 2022

Constitution of India, Article 226 – Custody of child – Child repeatedly stated that he wanted to stay with his...

COI Art. 226 – Habeas Corpus – Suit filed by father

March 11, 2022

Constitution of India, Article 226 – Writ of Habeas Corpus – Suit filed by father for injunction for restraining the...

COI Art. 226 – High Court as such has gone beyond the scope and ambit of the proceedings before it , has exceeded in its jurisdiction.

February 26, 2022

Constitution of India, Art. 226 - Writ filed interim order of the DRAT not granting stay from auction – Challenge...

COI Art. 21 – Liberty of a person under trial – “Bail or jail ?”.