Constitution of India, 1950, Article 226 -- Writ petition - Service matter - High Court dismissed the writ petition filed against order of Employees Provided Fund Appellate Tribunal, cursorily without dealing with any of issues arising in case as also arguments urged by parties in support of their case - In absence of any application of judicial mind to factual and legal..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 9, Constitution of India, 1950, Article 226 -- Senior citizen - Maintenance order - Sufficient opportunity given to both sides before Tribunal before granting maintenance order in favour of mother/senior citizen - Factual pleas taken before High Court admittedly not taken by son before Tribunal -..........
Uttarakhand Police Act, 2007, Section 42, 78, Constitution of India, 1950, Article 226 -- Police reform - PIL - Condition of police personnel - In the instant case, it is established that normal working hours of subordinate police officer ranged between 10 to 16 hours per day, seven days a week and due to said working hours health problems occurring amongst them - Hence,..........
Constitution of India, 1950, Article 226 -- Second writ petition - Maintainability - Earlier writ petition was withdrawn on account of pendency of appeal - Second writ petition challenging subsequent order passed in appeal, held, maintainable...........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..........
