October 2019

March 2019

Commission of Inquiry—Bhupinder Singh Hooda case—Grant of commercial license for development of land—Commission did not issued mandatory notice under section 8-B of the Act—Report held to be null and void. Commission of Inquiry—Opportunity of being heard—Wherever the conclusion of the report effects the reputation of a delinquent person, the said person is mandatorily required to be served with notice under S.8-B—Non serving of such notice would make the report of commission null and void.

By | March 10th, 2019|Constitution of India|

Comments Off on Commission of Inquiry—Bhupinder Singh Hooda case—Grant of commercial license for development of land—Commission did not issued mandatory notice under section 8-B of the Act—Report held to be null and void. Commission of Inquiry—Opportunity of being heard—Wherever the conclusion of the report effects the reputation of a delinquent person, the said person is mandatorily required to be served with notice under S.8-B—Non serving of such notice would make the report of commission null and void.

November 2018

Medical Treatment—Financial Assistance by State—Direction issued to PGIMER to consider the application of the eligible candidates/patients Immediately on its receipt so that they may not have to rush to the Court for release of grant for treatment of life threatening diseases.

By | November 28th, 2018|Constitution of India|

Comments Off on Medical Treatment—Financial Assistance by State—Direction issued to PGIMER to consider the application of the eligible candidates/patients Immediately on its receipt so that they may not have to rush to the Court for release of grant for treatment of life threatening diseases.

Liquor Ban— Municipal Areas— Directions issued that no liquor vend outside the limits of the towns, cities and villages but falling in the municipal areas on the Highways should be allowed to operate without compliance of applicable rules Liquor Ban—State has the power to completely prohibit the manufacture, sale, possession, distribution and consumption of potable liquor as a beverage

By | November 10th, 2018|Constitution of India|

Comments Off on Liquor Ban— Municipal Areas— Directions issued that no liquor vend outside the limits of the towns, cities and villages but falling in the municipal areas on the Highways should be allowed to operate without compliance of applicable rules Liquor Ban—State has the power to completely prohibit the manufacture, sale, possession, distribution and consumption of potable liquor as a beverage

IMP ::: Liquor Sale—Excise Policy—Directions issued to States of Punjab and Haryana to make it obligatory for the liquor vends to issue computerised Invoices for all the retail sales irrespective of amount effected by them from their vends. Judicial Review—Policy Decision—When any State policy which is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction and reject the stock plea that the scope of judicial review should not be exceeded beyond the recognised parameters.

By | November 10th, 2018|Constitution of India|

Comments Off on IMP ::: Liquor Sale—Excise Policy—Directions issued to States of Punjab and Haryana to make it obligatory for the liquor vends to issue computerised Invoices for all the retail sales irrespective of amount effected by them from their vends. Judicial Review—Policy Decision—When any State policy which is contrary to public interest or is violative of the constitutional principles, it is the duty of the court to exercise its jurisdiction and reject the stock plea that the scope of judicial review should not be exceeded beyond the recognised parameters.

Abortion—Rape Victim—28 weeks of Pregnancy—Permission declined keeping in view risk to life of girl—State directed to bear all the expenses

By | November 3rd, 2018|Constitution of India|

Comments Off on Abortion—Rape Victim—28 weeks of Pregnancy—Permission declined keeping in view risk to life of girl—State directed to bear all the expenses

August 2018

July 2018

Investigation—Inordinate delay in investigation may be taken as presumptive proof of prejudice particularly when accused is in custody so that prosecution does not become persecution.

By | July 27th, 2018|Constitution of India|

Comments Off on Investigation—Inordinate delay in investigation may be taken as presumptive proof of prejudice particularly when accused is in custody so that prosecution does not become persecution.

V IMP::: Summoning of Record—By an appellate or revisional courts— (i) Trial court may send the Photo copy /scanned copy of the record and retain the original so that proceedings are not held up: (ii) In cases where specifically 2 original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same he returned while keeping a photocopy/scanned copy of the same.

By | July 24th, 2018|Constitution of India|

Comments Off on V IMP::: Summoning of Record—By an appellate or revisional courts— (i) Trial court may send the Photo copy /scanned copy of the record and retain the original so that proceedings are not held up: (ii) In cases where specifically 2 original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same he returned while keeping a photocopy/scanned copy of the same.

June 2018

May 2018

Acid Attack—Compensation—Male child from a poor labour family suffered acid attack—State of Haryana denied compensation on the ground the compensation scheme was only for women and new scheme for including males is approved by chief minister but yet to be approved by finance development—Direction issued to apply the existing scheme to petitioner also and grant compensation as per 2016 scheme to the petitioner

By | May 24th, 2018|Constitution of India|

Comments Off on Acid Attack—Compensation—Male child from a poor labour family suffered acid attack—State of Haryana denied compensation on the ground the compensation scheme was only for women and new scheme for including males is approved by chief minister but yet to be approved by finance development—Direction issued to apply the existing scheme to petitioner also and grant compensation as per 2016 scheme to the petitioner

Maintainability of Public Interest Litigation Rules, 2010—Locus standi to file PIL–NGO filing a petition in the nature of public interest is liable to show (1) Its status and its constitution; (2) it is liable to disclose whether it has been authorized to file such a litigation, and if so, by whom; (3) whether it has the funds to indulge in such a litigation and (4) whether it has the backing of a majority of its members for such a litigation.

By | May 23rd, 2018|Constitution of India, Public Interest Litigation|

Comments Off on Maintainability of Public Interest Litigation Rules, 2010—Locus standi to file PIL–NGO filing a petition in the nature of public interest is liable to show (1) Its status and its constitution; (2) it is liable to disclose whether it has been authorized to file such a litigation, and if so, by whom; (3) whether it has the funds to indulge in such a litigation and (4) whether it has the backing of a majority of its members for such a litigation.

March 2018

January 2018

December 2017

October 2017

September 2017

August 2017

Legal Services Authority Act, 1987, S.22-C–Permanent Lok Adalat–Once the award passed by permanent lok adalat has been found based on a judicious approach, there would be hardly any Scope of interference by High Court under writ jurisdiction

By | August 21st, 2017|Constitution of India|

Comments Off on Legal Services Authority Act, 1987, S.22-C–Permanent Lok Adalat–Once the award passed by permanent lok adalat has been found based on a judicious approach, there would be hardly any Scope of interference by High Court under writ jurisdiction

Right of Religion—Use of Loud speakers– ‘Azaan’ is no doubt an essential part of the Muslim religion but the use of microphones is certainly not an integral part of ‘Azaan’ Right of Religion—Use of Loud speakers—Tweets by Sonu Nigam are meant to criticize the use of electricity/ microphones for religious purpose—There is no violation of Articles 25 and 26 of the Constitution

By | August 6th, 2017|Constitution of India|

Comments Off on Right of Religion—Use of Loud speakers– ‘Azaan’ is no doubt an essential part of the Muslim religion but the use of microphones is certainly not an integral part of ‘Azaan’ Right of Religion—Use of Loud speakers—Tweets by Sonu Nigam are meant to criticize the use of electricity/ microphones for religious purpose—There is no violation of Articles 25 and 26 of the Constitution