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The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.
“The term ‘employer’ means someone who exercises control over a workplace in the context of an employment relationship and discharges contractual obligations towards employees.”
A litigant cannot be placed in a worse position merely for having approached the court.
“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”
“The Court cannot pass a blanket order in a writ petition directing deletion of the name of a dead person, because some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.”
“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”
“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”
“The present is not a case warranting exercise of writ jurisdiction, as the cause espoused is purely an administrative act for the experts in the field to ponder on and this Court lacks expertise in this regard.”
“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”
by Arush Khanna* and Akarsh Pandey**
The question regarding State’s accountability for missing liquor stock is not a mere contractual dispute
Kolkata is widely known and recognized for literary works. There are similar fairs and events, may not be of the same scale, organized in various parts of the State. The petitioners would be hardly prejudiced if they are not able to participate in the subject fair. The petitioners can always showcase their books and news articles elsewhere and there is absolutely no restriction in doing so.
Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.
by Vasanth Rajasekaran* and Harshvardhan Korada**
“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”
An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.
“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”
Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.
The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.
The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.