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

Constitution of India

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]

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

Constitution of India

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

Home Category Constitution of India

Constitution of India

Cr.P.C. , S. 397 or 482 – Where stay is granted, the matter must be decided on day-to-day basis – Stay

Cr.P.C. , Section 397 or 482 - Constitution of India, Article 227 - Challenge to an order of framing of...

Constitution of India

Constitution of India, Article 227, power of the High Court to exercise jurisdiction under Article 227 was part of the basic structure of the Constitution.

Constitution of India, Article 227 - As rightly noted, a Bench of seven Judges in L.Chandra Kumar, (1997) 3 SCC...

Constitution of India

Writ – Delay

Writ – Delay - Neither the University nor the Government of India was made a party to the proceedings before...

Constitution of India

Constitution of India, Article 136 , 142 – CPC, 1908 (V of 1908) , Order 47 Rule 1 – Doctrine of merger.

(i) Where an appeal or revision is provided against an order passed by a court, tribunal or any other authority...

Constitution of India

COI Art. 19 – Search and seizure

Privacy "A power of search and seizure is in any system of jurisprudence an overriding power of the State for...

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

Constitution of India

CrPC S. 167(2) and the Fundamental Right to Life and Personal Liberty

17. Before we proceed to expand upon the parameters of the right to default bail under Section 167(2) as interpreted by...

Constitution of India

Education Law – Admission to a professional course , question for consideration is whether compensation for a meritorious candidate, who has been denied the admission illegally and arbitrary having approached the court in time can be said to be just and equitable relief?

Education Law - Admission to a professional course - For a student/ candidate seeking admission in professional courses more particularly...

Constitution of India

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

Constitution of India, Article 227 - In a revision, the scope of interference is limited and in the absence of...

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

Constitution of India

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

CrPC S. 210 - Merely because on the same set of facts with the same allegations and averments earlier a...

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

Constitution of India

Judicial restraint and doctrine of separation of powers

Before adverting to the controversy directly involved in these appeals we may have a fresh look on the inter se...

IPC, S. 84 – Where Exception under Sec.84 is claimed

Constitution of India

Doctrine of separation of powers

The Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions...

Constitution of India

Service matter – Once an order is issued and it is sent out to the concerned government servant, it must be held to have been communicated to him, no matter when he actually received it

Question arose that whether the order of suspension was to be actually received by the employee to be affected. This...

Constitution of India

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

Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300

Constitution of India

Cr.P.C. , S. 397 or 482 – Where stay is granted, the matter must be decided on day-to-day basis – Stay

Constitution of India, Article 227, power of the High Court to exercise jurisdiction under Article 227 was part of the basic structure of the Constitution.

Writ – Delay

Constitution of India, Article 136 , 142 – CPC, 1908 (V of 1908) , Order 47 Rule 1 – Doctrine of merger.

COI Art. 19 – Search and seizure

CrPC S. 167(2) and the Fundamental Right to Life and Personal Liberty

Education Law – Admission to a professional course , question for consideration is whether compensation for a meritorious candidate, who has been denied the admission illegally and arbitrary having approached the court in time can be said to be just and equitable relief?

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

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

Judicial restraint and doctrine of separation of powers

Doctrine of separation of powers

Service matter – Once an order is issued and it is sent out to the concerned government servant, it must be held to have been communicated to him, no matter when he actually received it

Constitution of India, Art. 21 – Quasi-solitary confinement

Constitution of India, Article 227 – Alternate remedy under CPC

Sarfaesi, S. 14, 17 – Alternative remedy

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