Medical Council of India Act, 1956 -- Kerala Professional Colleges Ordinance 2017 - Validity - Ordinance nullified the judgment and orders of High Court and Supreme Court and encroaches power of judiciary by regularizing admission of 180 students who were illegally admitted in Medical College - Provisions of any existing law framed by legislature not changed by State..........
Constitution of India, 1950, Article 227, Succession Act, 1925, Section 384, 383, 389 -- Succession certificate - Revision - Maintainability - Subordinate Court can not go beyond jurisdiction - High Court can exercise its supervisory jurisdiction and remedy if the injustice caused - Admittedly, petitioner were parties to S.O.P and succession granted to respondent would..........
Constitution of India,1950 -- Part III - Constitutional rights of LGBT Community - They are entitled, as all other citizens, to full range of constitutional rights including liberties protected by the Constitution - Also entitled to benefit of an equal citizenship, without discrimination, and to the equal protection of law...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Constitution of India, 1950, Article 227 -- Jurisdiction - Jurisdiction of High Court U.Art.227 of Constitution is to be exercised in exceptional cases vis-a-vis interlocutory orders only when they are ex-facie perverse, vitiated by misdirection in law or otherwise suffer from jurisdictional error of Courts below - Finding of fact at interlocutory stage are ordinarily not..........
Marriage -- Class honour or group thinking - When two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized u/arts 19 & 21 of the Constitution - Such a right has sanction of constitutional law and once that is recognized, said right needs to be protected and it cannot succumb to conception of class honour or group..........
Constitution of India, 1950, Article 21 -- Right to die with dignity - Withdrawal of life-saving measures - Who shall take decision in cases of mentally incompetent patients - In such cases where patient is in permanent vegetative state, it is in best interests of the patient that decision be taken by competent medical experts and that such decision be implemented after..........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
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..........
Labour law -- Strength of workers - Is a question of fact - Such question is required to be decided by Court on appreciation of evidence adduced by parties - Once Court record a finding on such question, be that of concurrence or reversal, finding is usually held, binding on Supreme Court while hearing appeal u/art 136 of Constitution...........
