Constitution of India, 1950, Article 226 -- Habeas corpus - Petitioner involved in 40 cases and is granted bail in 39 cases - He cannot be detained unendingly merely because State was unable to execute production warrants issued by concerned Court at Agra, directing his presence, particularly when said concerned Court is not functioning due to COVID-19 pandemic situation -..........
Internet -- Restriction in the speed to 2G and restricting internet in the U.T. of J&K - Authorities in UT of J&K have selected 2G speed to restrict flow of information in order to prevent misuse of data by terrorists and their supporters to disturb peace and tranquility of UT - However, blanket orders have been passed for entire territory rather than for specific..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of default bail is not affected by Supreme Court Order of extending limitation for filing cases in view of COVID-19 lock down - Denial of such right thus, definitely amount to violation of his fundamental right u/art 21 of Constitution of India - Petitioner held, entitled to default bail with conditions...........
Service -- Selection process - Judicial review - Scope of judicial review u/art 226 of Constitution in matters concerning evaluation of candidates, particularly for purpose of recruitment to public services is narrow - In absence of any provision for re-evaluation of answer sheets judicial review should be rarely exercised preferably under exceptional circumstances...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where petition involves complex factual aspects which requires oral and documentary evidence, same cannot be adjudicated by High Court in exercise of its writ jurisdiction - Instead, High Court should have relegated petitioner to appropriate remedy for adjudication of all contentious issues between parties...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court ought not to have entertained writ petition against order passed by statutory authority by disregarding statutory limitation period, only because remedy of appeal against that order stood foreclosed by law of limitation...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Mediation agreement - Challenge as to - Proceedings disposed of in terms of mediation agreement - In the absence of any challenge against order passed by Court accepting mediation agreement, a challenge against mediation agreement alone would not lie - Original Petition..........
Income Tax Act, 1961, Section 43B(f) -- Constitutional validity of S.43-B(f) of the Act - Non-disclosure of objects and reasons per se would not impinge upon constitutionality of a provision unless provision is ambiguous and possible interpretation violates Part III of constitution - In absence of any finding of any constitutional infirmity in a provision, Court is not..........
Intelligence Organizations (Restriction of Rights) Act, 1985, Section 7, Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975, Rule 135, Constitution of India, 1950, Article 14, 311 -- Compulsory retirement - Constitutional validity of R.135 of Rules - Retirement without holding disciplinary inquiry u/Art.311 of Constitution - R.135 of Rules is exclusive..........
Constitution of India, 1950, Article 14, 21, 309, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 15 -- Sexual harassment at work place - Grant of compensation to complainant/victim - Considering that complainant faced extreme insensitive and undignified circumstances due to improper handling of her complaint - Fundamental..........
