Constitution of India, 1950, Article 226 -- Child - Alleged to be in illegal detention - Writ of Habeas Corpus is maintainable...........
Service -- Appointment - Post of teachers - Selection of 10,323 teachers challenged and since very selection and appointment of said teachers were found to be illegal and invalid, services of teachers were terminated after extending time - Attempt on part of State in offering certain alternate employment with age relaxation is not to degrade teachers but some solace is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence to prove that accused abetted deceased for committing suicide - Deceased made all allegations against his wife/co-accused in suicidal note - No allegation made against accused in suicidal note - Even suicidal note is silent about illegal relationship of accused with co-accused - Essential ingredients..........
Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, Rule 8 -- Order of suspension from service - Non-reviewing of - Legality - G.O.Ms.No.86, Dt. 08.03.1994, mandates competent authority to undertake review of suspension of employee at end of every six months - After suspension order petitioner/employee was dismissed from service - Said order of..........
Civil Procedure Code, 1908, Section 60 -- Execution - Salary - Only 1/3rd of salary can be attached - Order attaching entire salary, held, illegal and unwarranted in law and same set aside to that extent...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Polygraph test - Accused specifically pleaded that if Polygraph test and voice sample are legally permissible, he is ready and willing to undergo same to show his bonafide - Expressed consent of accused is on record - Order directing accused to undergo Polygraph test and to give voice sample to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
Custody of child -- Claimed by mother - Writ of Habeas Corpus - Illegal confinement of minor child by father of child - Mother has already availed effective alternative remedy under other provisions of law - Writ petition is likely to involve disputed questions of fact - It is thus, appropriate to relegate writ petitioner/mother of child to alternative remedy which she..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Custody of Child -- Writ of Habeas Corpus under Article 226 of Constitution of India, in respect of illegal custody of child - Writ is maintainable...........
