Constitution of India, 1950, Article 226 -- Writ of mandamus - High Court directing State to provide a particular percentage of reservation for sports persons - Order is unsustainable and the same deserves to be quashed and set aside...........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - Validity of an order passed by Child Welfare Committee under JJ Act cannot be examined in a writ of habeas corpus - Writ petition dismissed...........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - She is not under any kind of illegal confinement - Moreover, corpus being minor, no other than her parents can stake a claim for her custody - Writ petition dismissed...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non-compliance of direction given by High Court - Second part of direction given by High Court has already been acted upon by parties - However, first part of direction given by High Court is creating some confusion - To do substantial justice to parties, it is appropriate to relegate parties for..........
Custody of child -- Writ of habeas corpus - Where child is a citizen of foreign country and child is in India with one of parent, Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child - Parent has to be given an option to go abroad with the child...........
Tax -- GST - Evasion of tax - Merely because goods were delivered after expiry of E-way bill due to reasons beyond control like traffic blockage, it cannot be said that there is an intent on part of petitioner to evade tax - High Court rightly set aside levy of tax and penalty imposed on petitioner - However, costs awarded to writ petitioner is enhanced to a further sum..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Order rejecting application for withdrawal of prosecution - Writ petition - Maintainability - Accused has no authority or locus to challenge the order passed on an application preferred by State - Prima facie writ petition against order rejecting application for withdrawal of prosecution is not..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Writ petition against private financial institution u/art 226 of Constitution against proposed action/actions u/s 13(4) of SARFAESI Act, not maintainable in view of statutory..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Proceedings under SARFAESI Act - If proceedings are initiated under SARFEASI Act and any proposed action is to be taken and borrower is aggrieved by any of actions of private bank,..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when final finding is justified or can be supported...........
