Constitution of India, 1950, Article 19(1)(g), 300A -- Constitutional validity of Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 - Held, Amendment Act to be constitutionally valid, and considering that its language is clear and unambiguous, it is not possible to accede to contentions to read down clear provisions of Amendment Act in manner suggested by..........
Constitution of India, 1950, Article 226 -- Judicial review - Sufficiency of material on basis of which a decision is taken by an authority is not within purview of High Court in exercising its power of judicial review...........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Judicial orders of Civil Courts are not amenable to writ of certiorari under Article 226 of the Constitution - Jurisdiction under Article 227 is distinct from jurisdiction under Article 226 of the Constitution...........
Constitution of India, 1950, Article 226 -- Habeas corpus - Petition seeking custody of a minor child is maintainable u/art 226 of Constitution...........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2003, Section 19, 21, Rajasthan High Court Rules, 1952, Rule 134 -- Intra-Court appeal against judgment of Single Judge - Maintainability - Rent Tribunal and Appellate Rent Tribunal have trappings of Civil Court - Therefore judicial orders passed by them can only be questioned by invoking power of..........
Constitution of India, 1950, Article 362 -- Right and Privileges of Former rulers of Indian States - Rule of Primogeniture - In Art.362 of Constitution reference is made only to the personal rights, privileges and dignities of the ruler of an Indian State and rights would not include succession to personal properties...........
Constitution of India, 1950, Article 362, Muslim Personal Law (Shariat) Application Act,1937 -- Whether private properties in agreement of accession with Dominion of India will be governed by rule of succession applicable to `Gaddi' (rulership) or by personal law applicable to ruler - Merger Agreement was signed by the Nawab on 15.05.1949 - Art.4 of agreement states that..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Mere existence of an alternate remedy, whether adequate or not does not alter fundamentally-discretionary nature of High Court's writ jurisdiction and therefore does not create an absolute legal bar on exercise of writ jurisdiction by a High Court...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
