Constitution of India, 1950, Article 226 -- Second writ petition - Maintainability - Earlier writ petition was withdrawn on account of pendency of appeal - Second writ petition challenging subsequent order passed in appeal, held, maintainable...........
Constitution of India, 1950, Article 226 -- Appointment of Lambardar by District Collector - Age factor - In case of appointment of Lambardar, age is one of valid consideration, as younger person can perform his duties in better manner as compared to person of advance stage - In the instant case, respondent being 35 years of age and having no other work to do, can perform..........
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..........
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..........
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...........
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..........
Hindu Marriage Act, 1955, Section 26, Constitution of India, 1950, Article 226 -- Custody of minor child - Application pending before family Court u/s 26 of HMA, 1955 - Writ of habeas corpus by father - When application is pending before family Court, any issue raised in the proceedings is to be decided by such Court in accordance with law - However, there is no occasion..........
Constitution of India, 1950, Article 226 -- Installation of CCTV cameras in Delhi Police Station - Direction - Government of NCT of Delhi and Delhi Police should coordinate and set up forum or agency to appropriately map and display all areas and indicate clearly which portion falls under jurisdiction of which concerned agencies - Even, they should coordinate and ensure..........
Gujarat Prevention of Gambling Act, 1887, Section 13, Constitution of India, 1950, Article 14, 19, 21, 226 -- Poker - Prohibition - Game of poker is a game of skill but played with stakes - Therefore, game of poker is considered as gambling...........
Constitution of India, 1950, Article 226 -- Eligibility criteria - Tender - Award of contract - Judicial review - In the instant case, professional agencies can participate in process regardless of their composition - Hence, second respondent allowed to participate in these circumstances as it is not clearly precluded by terms of tender/NIT - Moreover, Court cannot enter..........
