Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Appellant has been in custody since 09.07.2024 - He has joined investigation even prior to his arrest and co-operated with investigation - There are 210 witnesses to be examined in proceeding and there is no likelihood of trial commencing in near future -..........
Policy decision -- Policy decision though executive in nature binds the Government and Government cannot act contrary thereto, unless the policy is lawfully amended or withdrawn - Any action taken in derogation of such a policy, without amendment or valid justification is arbitrary and violative of Art.14 of Constitution...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Parties have been living separately for a considerable length of time - Efforts of reconciliation have not yielded any positive outcome - Both the parties have expressed their unequivocal desire to bring marital relationship to an end - Marriage between parties..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142(1) -- Divorce - Irretrievable breakdown of marriage - Court in exercise of power to do `complete justice' u/art 142(1) of Constitution has discretion to dissolve marriage on the ground of irretrievable breakdown of marriage...........
Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Court must ensure that fundamental right enshrined under Article 21 of Constitution must not be violated by not providing same relief to other individual...........
Constitution of India, 1950, Article 226 -- Writ petition - Title of property cannot be decided in the petition u/art 226 of Constitution...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Where petitioners were not parties to proceedings and they seek issuance of similar directions in their own cases, such a course cannot be granted by invoking extraordinary jurisdiction of Supreme Court u/art 136 of Constitution, particularly when it does not arise from an adjudication of petitioner's..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Power u/art 227 of Constitution is intended to be used sparingly and only in appropriate cases for the purpose of keeping subordinate Courts and tribunals within the bounds of their authority and not for correcting mere errors...........
Constitution of India, 1950, Article 226 -- Writ petition - Unless, any of exceptions (Challenge to an act/order grounded on (i) breach of a Fundamental Right; (ii) violation of natural justice principles; (iii) lack of jurisdiction; and (iv) unconstitutionality of a statute) is satisfied, that a writ Court may refuse to entertain a writ petition...........
