Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - Arbitral process - Power of High Court u/arts 226 227 of Constitution needs to be exercised in exceptional rarity, wherein one party is left remediless under the statue or a clear `bad faith' shown by one of parties...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - Interpretation of work contracts shall generally not to be done in writ jurisdiction...........
Live-in-relationship -- Protection of life and personal liberty - Police protection - Both the petitioners are major and they have a right to live their life on their own terms - Petitioners cannot be denied enforcement of their fundamental rights for protection of life and personal liberty as envisaged under Article 21 of the Constitution of India, merely for the reason..........
Protection to life and liberty -- Boy and girl both are major but boy is not of marriageable age as envisaged u/s 5(iii) of Hindu Marriage Act - However, merely because boy is not of marriageable age does not mean that he can be deprived of his fundamental rights as guaranteed by Constitution - Commissioner of police concerned directed to decide representation moved by..........
Constitution of India, 1950, Article 16 -- Service - Police Constables - Horizontal reservation - `OBC and SC Female Category' candidates having secured more marks than secured by last candidate appointed in `General Category-Female' - Can be considered against posts meant for `General Category-Female' on basis of their own merit...........
Constitution of India, 1950, Article 342, 341, 338A, 366(25), Constitution (Scheduled Tribes) Order, 1950 -- Entry 18, Item No.28 - Caste - High Court cannot entertain claim that caste "Gowari" be declared a Scheduled Tribe as "Gond Gowari" included at Entry No.18 of the Constitution (Scheduled Tribes) Order and cannot look into evidences to find out and decide that tribe..........
Constitution of India, 1950, Article 342, 341, 338A, 366(25), Constitution (Scheduled Tribes) Order, 1950 -- Item No.28, Entry 18 - Caste - Caste `Gowari' and `Gond Gowari' are two distinct and separate castes - View of High Court that `Gond Gowari' shown as item No.28 in Entry 18 of Scheduled Tribes Order, 1950, is not a sub-tribe of `Gond', is erroneous - Validity of..........
Constitution of India, 1950, Article 366(25), 342, 341(1), Constitution (Scheduled Tribes) Order, 1950 -- Entry 18, Item No.28 - Caste - Scheduled Tribe "Gond Gowari" was in existence since earlier to 1956 and found personally by Research Officers - Hence, High Court cannot enter into adjudication of issue that `Gond Gowari' which was Scheduled Tribe mentioned in Scheduled..........
Supreme Court Rules, 2013, Order 40, Rule 1 -- Transfer of writ petitions pending in different High Courts to Supreme Court - Several writ petitions pending in different High Courts challenging validity of guidelines issued by Institute of Chartered Accountants of India on the ground that same is violative of Art.19(1)(g) of Constitution - Said guidelines and consequent..........
Advocates Act, 1961, Section 7(1)(h), Constitution of India, 1950, Article 19(1)(g) -- Ban on opening of New Law Educational Institutes - Due to non-compliance of guidelines/circulars by law college already approved - BCI cannot justify its failure to ensure maintenance of standards of Legal Education by imposing complete ban on setting up of New Law Colleges in violation..........