Constitution of India, 1950, Article 226 -- Legislation - Judicial review - High Court undoubtedly has the jurisdiction to determine the constitutionality of the `law' - However, motives behind the law and the wisdom of the legislative body are not amenable to the judicial review...........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
Constitution of India, 1950, Article 226 -- Writ - Mandamus - Dispute over valuation of property - Statutory authority cannot be directed by Court to consider petitioner's case as he/she wants - Therefore, Kolkata Municipal Corporation, shall consider application of petitioner seeking reconsideration/revision of assessment of annual valuation of premises-i, question,..........
Constitution of India, 1950, Article 20(1) -- Ex-post facto laws - Where act constituting an offence is of continuous nature, it can be punished under a law passed during continuance of the Act, although at the commencement of the Act, it was not punishable and was not an offence...........
Constitution of India, 1950, Article 20(1), Indian Penal Code, 1860, Section 467, 468, 471, 406, 420 -- Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2013, S.6 - Cognizance of offence - Ex-post facto law - Offence u/ss 467, 468, 471, 406, 420 IPC and S.6 OPID Act - In the instant case, execution of sale-deed in favour of informant by..........
Constitution of India, 1950, Article 226 -- Wednesbury principle - Judicial review - Reasonableness - When conclusion does not match facts or vice-a-versa, vices of unreasonable and irrationality creeps in - Even, character of perversity in such decision arises, rendering decision unsustainable in law - Moreover, decision is to be regarded as unreasonable if it is partial..........
Constitution of India, 1950, Article 226 -- Protest against government - Lathi charge by police in excess of requirement - Compensation - Initially petitioners/protestors who took the law into their hands by turning their peaceful agitation into a violent one and in the process becoming unruly and pelting stones at the police - However, subsequently, police personnel..........
Constitution of India, 1950, Article 32 -- Haj Pilgrimage - Quota of Private Tour Operators (PTOs) - Rejection of quota - Non furnishing of document - Respondent approved a policy framed by Government of India for registration of Private Tour Operators (PTOs) for HAJ in 2013 - However, Ministry of External Affairs (MEA) issued a clarification by which a PTO seeking..........
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21 -- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were..........
Constitution of India, 1950, Article 226 -- Mandamus - Court would not issue mandamus to respondent-State, firstly for reason that representation is non statutory with no fixed time prescribed by law - Secondly, petition is belated and suffers from inordinate delay and unexplained laches in regard to state and dead claim/issue/dispute as for as petitioners are concerned -..........
