Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Non co-operation in investigation and not answering the questions put by I.O. appropriately - Not a ground per se for issuance of non bailable warrants as every accused is entitled to right to silence to prevent self incrimination in terms of Art. 20(3) of Constitution of India - Order issuing non bailable..........
Constitution of India, 1950, Article 226 -- Public Interest Litigation - Cannot be thrown out only because petitioner belongs to a rival political party...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - There is no provision for transfer of an undertrial prisoner - However, Court in exercise of jurisdiction u/art 142 of Constitution can consider for transfer of prisoner from one State to another...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Plea of medical illness - If there are any medical ailments to accused, every care shall be taken by Jail Authorities, but at the same time on spacious plea of ill health by referring to minor ailments, accused cannot oppose relief as sought for in writ petition -..........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Convict or an undertrial prisoner, who disobeys law of land, cannot oppose his transfer from one prison to another be a convict or an undertrial prisoner, Courts are not to be a hapless bystander when rule of law is being challenged with impunity - In such..........
Constitution of India, 1950, Article 32 -- Writ of Mandamus - Government policy - Writ of mandamus cannot be issued directing Government/RBI to announce/declare particular relief packages and/or to declare a particular policy, more particularly when many complex issues arise in the field of economy and what will be the overall effect on the economy of country, as Courts do..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Petition under Article 227 Constitution of India is not maintainable against such an order particularly when plaintiff has an alternate remedy available to file appeal against such an order...........
Constitution of India, 1950, Article 226 -- Writ Petition - When proceedings invoked before a statutory authority are de hors the jurisdiction or when they are in breach of principles of natural justice, party would be entitled to invoke jurisdiction of High Court u/art 226 of Constitution...........
Service -- Pension scheme - Applicability - When members of respondent Union retired, there was no Pension scheme at all - They were governed by Contributory Provident Fund Scheme and on retirement they were already granted benefit of such scheme - Pension Scheme was introduced after their retirement - Retired employees thus, cannot seek benefit of such Pension Scheme..........
Constitution of India, 1950, Article 226 -- Writ petition - No new plea, determination of which requires an appreciation of evidence can be permitted to be raised and pressed for first time at writ stage u/art 227 of Constitution carving out altogether a new case...........
