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“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”
Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.
The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.
Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.
“Petitioner is seeking to retain an advantage for the registered unrecognized political parties to get continued access to a particular free symbol and therefore indirectly converting a free symbol into a reserved symbol.”
“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”
“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”
“Where an Act provides a complete machinery for redressal the aggrieved party is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”
The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.
Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
The Petitioner is an Arjuna Awardee and is a Commonwealth and Asian Games medalist swimmer and was also appointed swimming team coach for the 2016 Rio Paralympic Games who was suspended from participating and being sponsored in any sports event organized by Paralympic Committee of India for three years.
“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
The Division Bench said that the Single Judge ought to have appreciated the appellants' possession and the question of title could not have been examined.
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”
“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”
“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”
The Court applied the doctrine of harmonious construction and observed that granting of parole would not amount to any intervention in pending proceedings before Supreme Court under Section 389 of CrPC