Habeas Corpus petition cannot be invoked as a routine to seek supervision of Missing Person Report Investigation: Rajasthan High Court
“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”
Article 226
Article 226 cannot be invoked to quash FIR, once cognizance of offence has been taken; remedy under Section 528 BNSS can be availed: Supreme Court
In the present case, the High Court could have examined the petitioner’s grievance, since it is evident from the petition, that the petitioner sought to invoke the twin jurisdiction under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR.
Gujarat HC: In absence of adoption’s registered document, adoptive parents must establish that child is adopted before 15 years of age with wife’s consent
“No case is made out by the petitioners that a custom or usage is applicable to them which permitted adoption of a person who has attained the age of 15 years.”
‘Unmerited and undeserved comment’: Patna High Court expunges adverse remarks against Judicial Officer
The Court expressed dissatisfaction over the en-passant, unnecessary, and adverse remarks against a Judicial Officer without affording him any opportunity.
Rajasthan High Court dismisses plea challenging demolition drive on encroachments in Ummed Sagar Dam catchment area
“The petitioners are, undisputedly, encroachers and, therefore, no indulgence can be granted by this Court.”
Mount Everest conqueror, Megha Parmar, approaches MP High Court seeking inclusion of her name in this year’s Vikram Award List
The State submitted that the consideration of the eligible candidates including the petitioner has been done by a duly constituted committee and one Kumari Bhavna Dehariya is selected for the grant of Vikram Award 2023.
Rajasthan High Court refuses to interfere in Sewage Treatment Plant site selection policy decision; dismisses PIL
“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.”
“Why no action taken against anti-social elements who vandalised Dr. Ambedkar’s Statue”; MP High Court seeks explanation from Police 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.”
MP High Court seeks State’s response over accountability for missing liquor stock allegedly handed over in panchnama
The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute
Principles of natural justice to be read into S.8 of Goa Tourist Places (Protection and Maintenance) Act, 2001 prior to directing recovery of expenses/costs incurred to remove nuisance: Bombay HC
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.
Man in live-in relationship with his married sister has no right to file Habeas Corpus petition: Rajasthan High Court
“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.”
Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC
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.
‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years
“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.”
Article 226 – Where Must the “Action” be Instituted?
by Spenta Havewala Kapadia*
Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court
“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.”
‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks
“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.”
‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC
“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.”
Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty
“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.”
Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college
“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
‘Judicial forum not for harassing a person, but to protect rights of parties’; MP High Court quashes JMFC order for FIR registration
“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”