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“It is not for the Court, while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, to decide which site would be more suitable for setting up the sewage treatment plant. This necessarily has to be done by the Government and its Authorities.”
The State accepted notice and sought time to obtain instructions as to “why action has not been taken against the anti-social elements who have broken the statue of Dr. Ambedkar on the night of 10-02-2025.”
The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute
Once it is found that the original order is passed by the Competent Authority without giving any opportunity of hearing to the petitioner, the same is liable to be set aside as having been passed in violation of the principles of natural justice.
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.
“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”
by Spenta Havewala Kapadia*
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”
“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.
Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.