Showing : 191-200 of 3071 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and should..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency to another,..........
KERALA HIGH COURT
Year of decision: 2018
Details
Constitution of India, 1950, Article 25-- Change of religion - Mere declaration of change of religion will be sufficient for Government to act upon such changes to be effected in Government records...........
KERALA HIGH COURT
Year of decision: 2018
Details
Constitution of India, 1950, Article 25-- Change of religion - Production of certificate - Government cannot insist for production of any certificate from any authorised institution for acting upon any request made by citizen for declaring change of his religion, name as mandatory requirement - Government can conduct enquiry as to such..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Constitution of India, 1950, Article 14, Mines and Minerals (Development and Regulation) Act, 1957, Section 9, Mineral Concession Rules, 1960, Rule 64B, 64C-- Royalty - Validity - Discrimination resulting from fortuitous circumstance due to some peculiarity in coal only, by which royalty payers on coal mining only are said to be adversely affected by Rules - Said discrimination is not violative of Art.14 of Constitution, so long this law applies..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Medical Termination of Pregnancy Act, 1971, Section 5, Constitution of India, 1950, Article 21-- Medical Termination of pregnancy - Personal liberty - In the instant case, petitioner claims that it is injurious to her mental health to continue with pregnancy since there are severe foetal abnormalities noticed in her pregnancy - Therefore, it will be violative of her personal liberty under..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 226, 227-- Habeas Corpus - For releasing detenue/minor child - Settlement between parties - When there is already a settlement between parties, then prayer for issuance of writ in nature of habeas corpus cannot be accepted - However, party may avail any remedy as available to him under relevant law, if any...........
KERALA HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 75(3), 164(2)-- Cabinet meeting - Collective responsibility - Mere absence from meeting of Cabinet cannot attract loss of collective responsibility...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, Constitution of India, 1950, Article 226-- Public interest litigation - Maintainability - Illegal mining operations and screening of plants - As per petitioner, due mining in river and forest land villagers are facing problems to approach their agricultural land as village of petitioner is situated at bank of `Roon' river and adjoining..........

Showing : 191-200 of 3071 Results