Constitution of India, 1950, Article 32 -- Levy of Market fee - High Court has passed common judgment deciding fifteen writ petitions - All writ petitions are also dismissed taking into consideration terms and conditions of contract of sale between petitioner and its seller - This is clearly wrong approach - In each case High Court was supposed to go into contract for sale..........
Constitution of India, 1950, Article 300A -- Right to property - To hold that one would suffer a civil death and be deprived of his property on entering into Holy Order would be naked infringement of Art.300-A of the Constitution...........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Scope - Availability of alternate remedy - Not a bar to exercise of extraordinary discretionary power where there is clear abuse of power...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined by..........
Constitution of India, 1950, Article 226, Manipur Land Revenue and Land Reforms Act, 1960, Section 93 -- Writ petition - Maintainability - As per S.93 of the Act, there must be existence of an order against which an appeal can be preferred - As such there is no order issued by any of the officers against which appeal can be preferred and moreover, State Government has..........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Maintainability - Previous Special Leave Petition was withdrawn with liberty to file review application - Review application dismissed - Fresh Special Leave Petition challenging main order is maintainable after dismissal of review application, particularly when leave to file appeal was granted modifying..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Objective - To avoid harassment, which may be caused by successive criminal proceedings where person has committed only one crime...........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Maxim related to this, nemo debet bis vexari - Meaning - No man shall be put tiwice in peril for same offence - There are two aspects of doctrine of jeopardy viz. Autrefois convict and Autrefois acquit - Autefois convit means that person has been previously convicted in repsect of same offence - Autefois..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Conviction for such offence does not bar for subsequent trial and conviction for another offence and it does not matter even if some ingredients of these two offences are command...........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - There can be different trials for same offence if tried under two different enactments altogether and comprised of two different offences under different Act/Statues without violation of provisions of Art.20(2) or S.300 of Cr.P.C...........
