Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
Income Tax Act, 1961, Section 43B(f) -- Constitutional validity of S.43-B(f) of the Act - Only effect of insertion of S.43-B(f) of the Act is to regulate stated deduction by putting it in a special provision - Plea that said provision is enacted with sole purpose to defeat earlier judgment of SC is misconceived - Court cannot venture into hypothetical spheres while..........
Constitution of India, 1950, Article 72 -- Mercy petition - Rape case - Torture of prisoner in jail, cannot be a ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 72 -- Mercy petition - Rape case - Torture of prisoner in jail, cannot be a ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 226 -- Judicial review - When such right is available to a citizen then High Court in exercise of judicial review had every jurisdiction to maintain status quo so that by lapse of time, petition may not be infructuous...........
Right of Children to Free and Compulsory Education Act, 2009, Section 31 -- Act of 2009 does not provide Commission power to review its order...........
Judicial service -- Compulsory retirement - Law as to: (i) order directing compulsory retirement of judicial officer is not punitive in nature and has no civil consequences; (ii) while considering case of a judicial officer for compulsory retirement entire record of judicial officer should be taken into consideration, though latter and more contemporaneous record must be..........
Judicial service -- Compulsory retirement - Judicial review - Unless there are allegations of mala fides or facts are so glaring that decision of compulsory retirement is unsupportable, High Court would not exercise its power of judicial review - In such matters Court on judicial side must exercise restraint before setting aside decision of such collective bodies..........
Service -- Transfer order - Judicial review - Transfer is an exigency of service - An employee cannot have a choice of postings - Administrative circulars and guidelines are indicators of manner in which transfer policy has to be implemented - However, an administrative circular may not in itself confer a vested right which can be enforceable by writ of mandamus - Unless..........
Banking service -- Transfer order - Judicial review - Respondent transferred from one Branch of Bank to other as she made reports about irregularities and corruption at her branch and her complaints against an officer who sexually harassed her - Internal Complaints Committee (ICC) of Bank constituted but there was a fundamental defect in constitution of ICC set up by Bank..........
