Contempt of Courts Act, 1971, Section 12, 15, Constitution of India, 1950, Article 129 -- Contempt of Court - Notice of contempt issued but not served for 20 years - Proceedings dropped - Contemner now 94 years old and he is not able to respond to charges due to old age and illness - Contempt proceedings not pursued further to find out criminality against contemner, thus..........
Contempt of Courts Act, 1971, Section 20, Constitution of India, 1950, Article 129, 20 -- Contempt of Court - For exercising the suo motu power for contempt under Article 129 of the Constitution of India, limitation provided in S.20 of the 1971 Act has no application...........
Service -- Promotion & appointment of officers of State Civil Services to IAS cadre - It is mandatory for Selection Committee to make an overall relative assessment of `service records' of eligible candidates - Service records of eligible candidates not sent to UPSC for consideration - Withholding of ACRs of year 2003-2009 of 1st respondent on a wrong presumption that..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Criminal Procedure Code, 1973, Section 167, 57, 41, Constitution of India, 1950, Article 22(2) -- Person arrested not to be detained for more than 24 hours - An accused arrested without warrant by police has constitutional right u/art. 22(2) of the Constitution of India and S.57 Cr.P.C. to be produced before Magistrate without unnecessary delay and in no circumstances..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce sought on the ground of desertion - Desertion not proved - Petition also contained allegations of mental cruelty, but decree not sought on ground of cruelty - Divorce granted on ground of mental cruelty which was perceptible from material on record by invoking powers u/art. 142 of Constitution of India...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce sought on the ground of desertion - Desertion not proved - Petition also contained allegations of mental cruelty, but decree not sought on ground of cruelty - Divorce granted on ground of mental cruelty which was perceptible from material on record by invoking powers u/art. 142 of Constitution of India...........
Constitution of India, 1950, Article 21, 226 -- Custodian death - Compensation - Deceased committed suicide by hanging while he was in police custody - It was not a case of illegal arrest - No evidence on record that deceased was tortured by police - Wife of deceased not entitled to compensation under public law - However, she can file an appropriate suit or take any other..........
Constitution of India, 1950, Article 21 -- Conjugal visits or artificial insemination of convicts - Right to procreation survives incarceration - Such right falls within ambit of Art.21 of Constitution for `right to life'...........
Constitution of India, 1950, Article 21 -- `Right to life' and `personal liberty' guaranteed u/art.21 of Constitution include the right of convicts to have conjugal visits or artificial insemination (in alternate), regulated by procedure established by law...........
