Service Law — Police — Appointment — Post of Police Constable
In this case, there was rejection of candidature of appellant solely on ground of his involvement in criminal case under S. 498-A IPC, in which he was subsequently acquitted. Held,…
Penal Code, 1860 — Ss. 420, 419, 467, 468, 471 & 120-B — Quashment of charge-sheet under — Whether warranted — Absence of prima facie evidence
Mere failure to verify the documents, without any further evidence against officers of Selection Committee, whether enough to implicate them, determined. Appellants having relied on the documents placed on record…
Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted
The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed…
Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law
The petition dealt with the misuse of the right of freedom of speech and expression, as provided under Article 19(1)(a) of the Constitution, by public functionaries who made distasteful remarks…
Constitution of India — Art. 226 r/w Arts. 12 and 14 — Maintainability of writ petition: In a petition, challenging clauses of a contract entered into with public sector undertaking, mere existence of alternative remedy is not sufficient by itself, for relegating parties to civil remedy.
Held, we find that the writ petition challenging the clauses was maintainable. It is not disputed that GAIL is a Public Sector Undertaking and thus qualifies under the definition of ‘State’…
Constitution of India — Art. 19(1)(g), 19(6), 26 and 30 — Establishment of educational institutions — Regulatory measures that may be imposed: Principles summarized regarding regulatory measures for establishment of educational institutions and interplay of Arts. 19(1)(g), 19(6), 26 and 30 in this regard.
Held, Before parting, we may observe that there could indeed be a necessity to impose certain restrictions so as to prevent mushrooming growth of pharmacy colleges. Such restrictions may be…
Constitution of India — Art. 144 — Compliance with orders of Supreme Court by High Court — Necessity of
In case of Supreme Court’s order to High Court to place before Supreme Court suggestions and road map formulated by High Court for early disposal of commercial disputes. Suggestions and…
Protection of Children from Sexual Offences Act, 2012 — Ss. 19 and 21 — Object
Person on coming to know about commission of offence under POCSO Act, held, is obliged to promptly report the same to the specified authorities. Failure to do so must be…
Constitution of India — Art. 14 — Right to equality — Requirement of Reasonable accommodation of disabled or differently-abled persons
There are two facets of right to equality: Formal equality and substantive equality. Formal equality means that every person, irrespective of attributes must be treated equally and must not be…
Constitution of India — Art. 141 — Principles for determining if/which precedent is binding
Para 17– Though the decision of this Court in the case of Bijnor Urban Cooperative Bank Limited (supra) was specifically pressed in service on behalf of the Bank and was…