Bringing you the Best Analytical Legal News
The Executing Court’s role in enforcing a decree based on a Lok Adalat award under the Legal Services Authorities Act, 1987 is limited to execution alone. It cannot annul, set aside, or question the validity of the award, and objections in execution cannot serve as an alternative remedy to challenge the award.
“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”
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.
“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.”
The Court expressed dissatisfaction over the en-passant, unnecessary, and adverse remarks against a Judicial Officer without affording him any opportunity.
“The petitioners are, undisputedly, encroachers and, therefore, no indulgence can be granted by this Court.”
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.
“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.”