Constitution of India, 1950, Article 226 -- Writ of Habeas Corpus - Writ petition under Art.226 of Constitution of India for issuance of writ in nature of Habeas Corpus for immediate release of daughter of petitioner who is alleged to be illegally confined by respondent husband - Held, lawfully wedded wife cannot be uprooted from her matrimonial home and forcibly be asked..........
Constitution of India, 1950, Article 14, 16, 226 -- Recruitment - Select list - Drivers - Selection list tampered with - The original record has not been made available to the Court - Selection list reveals an attempt at a tailored selection list - Candidates form Sr. No. 1 to 28 have been assessed as excellent - Thereafter from 29 to 61 have been consistently assessed as..........
Constitution of India, 1950, Article 12, 14, 226 -- Probation - Termination - Services of the petitioner were terminated as his work and conduct was not found satisfactory by the management during the course of his extended probation period - He was paid the salary in lieu of one month's notice in terms of his appointment - The order of termination simpliciter and not..........
Constitution of India, 1950, Article 226 -- Order by virtue of which earlier petition was permitted to be withdrawn, withheld from Court - It was repeatedly sought to be projected before Court that Court had granted permission to withdraw civil suit enabling petitioners to file instant petition - Held, it is a clear case of making misleading statement before Court - A..........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - High Court can issue directions to CBI for investigation while exercising jurisdiction u/art.226 of Constitution - However, such direction shall be given only in exceptional circumstances...........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - Unnatural death of party to inter-caste marriage - Order of High Court directing CBI to hold investigation - Merely because High Court does not issue direction to CID to stop its investigation - Order of CBI investigation cannot be faulted because..........
Constitution of India, 1950, Article 226, Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation by CBI - Directions by High Court for fresh investigation - In absence of any adverse comment made against investigation done by CBI - Directions to CBI for fresh investigation by lodging another FIR, uncalled for...........
Constitution of India, 1950, Article 226, National Highways Act, 1956, Section 3A -- Judicial review - National Highway - Project of widening thereof - Judicial review - Held, NHAI is a professionally managed statutory body having expertise in the field of development and maintenance of National Highways - Scope of judicial review is very limited - Neither any violation..........
Constitution of India, 1950, Article 226 -- Public Interest Litigation impugning allotment of land by Municipal Council - Death of petitioner - Held, any respondent having similar grievance against MC can be transposed as petitioner - On death of such respondent, his LR's can be impleaded for continuation of proceedings...........
Constitution of India, 1950, Article 226, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20 -- Alternate remedy - Writ petition - Maintainability - Held, availing alternative remedy is general Rule, but there are exceptions - In case if order of Tribunal is questioned on ground of want of jurisdiction, provisions of Art. 226 can be invoked and..........