Constitution of India, 1950, Article 136 -- Exercise of power of Supreme Court under Article 136 - Scope - (i) Power of Supreme Court under Article 136 is very wide but in criminal appeals it does not interfere with the concurrent findings of fact save in exceptional circumstances; (ii) Finding of fact by High Court can be interfered when High Court has acted perversely or..........
Service -- Temporary Government servants - Article 311(2) Constitution of India is applicable to such employees...........
Service -- Termination - Order indicated that services no longer required hence notice given with requisite one month pay and allowance - Tribunal dismissed claim petition holding that order of termination was a termination simpliciter and no stigma was attached - High Court holding that article 311(2) Constitution was required to be followed even in case of temporary..........
Constitution of India, 1950, Article 226, 32 -- Writ petition u/s 226 - When it is decided on merits and the order is a speaking order then it amounts to res judicata and it bars a petition under Article 32 of the Constitution on the same facts irrespective of whether notice was issued to the other side or not before such a decision was given...........
Constitution of India, 1950, Article 136, 32 -- Res judicata - Decision rendered by Supreme Court under Article 136 of the Constitution, which has attained finality would bind the parties and the same issue cannot be re-agitated or re-opened in a subsequent petition under Article 32 of the Constitution...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation cannot set aside ex parte order..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata does not stricto sensu apply to the proceedings under Article 226 of the Constitution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - 'Search of a person' - Person means a human being with appropriate coverings and clothings - Appropriate clothings include footwear also - A bag, briefcase or any such article or container, etc. cannot be treated as body of a human being and they are given a separate name and are identifiable as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - 'Search of a person' - It does not include in its ambit the search of a bag, briefcase or any such article or container etc. which cannot be treated as body of a human being - They cannot even remotely be treated to be part of the body of a human being...........
State Financial Corporation Act, 1951, Section 29 -- Constitution of India, 1950, Article 226 - Writ Jurisdiction - Interference by High Court under writ jurisdiction in matter of taking over the writ of defaulting borrower under Section 29 of the State Financial Corporation Act - Case law discussed and legal principles called out...........
