Writ Jurisdiction – Maintainability – Availability of Alternative Remedies – Petition Dismissed – The petitioner sought the court’s intervention under Articles 226/227, demanding the registration of an FIR and protection for his family based on threats from high dignitaries – Held: A writ petition under Article 226 cannot be entertained if an alternative statuto...
Civil Law – Review Petition – Principle of Res Judicata – Satyadhyan Ghosal Case Applied – The petitioners sought review of a judgment dismissing their second appeal, arguing that under Mohammadan law, adoption and execution of wills are not recognized – Held: The petitioners were estopped from raising these issues, as the findings regarding adoption and will had atta...
Election Law – Disqualification for Defection – Petitioners challenged the order by the Kerala State Election Commission disqualifying them for defecting from the Revolutionary Marxist Party of India (RMPI) – The Election Commission found that the petitioners, who contested under the "Football" symbol allotted to RMPI, violated the party’s whip by voting against t...
Prevention of Money Laundering – Quashing - Issuance of Summons under Section 50(2) and (3) of PMLA – Section 44 PMLA – Dismissed - The petitioner, a former Director of M/s. Farmax India Limited, was summoned under Section 50(2) and (3) of the PMLA while the case under S.C. No. 16/2023 was pending before the Special Court – The petitioner contended that once the complaint w...
Public Employment – Recruitment Process – Alteration of Selection Criteria Midway – The appellants challenged the Single Judge's order quashing the selection process for 1091 Assistant Professors and 67 Librarians, arguing that the recruitment was conducted without adherence to PPSC and UGC regulations – Held: The recruitment process cannot be altered after it has comme...
Facts:
The petitioner, Skill Lotto Solutions Pvt. Ltd., filed a writ petition alleging violation of Article 14 and impugning the definition of 'goods' under Section 2(52) of the Central Goods and Services Tax Act, 2017. The petitioner contested the inclusion of actionable claim in the definition and argued that it was contrary to the legal meaning of goods and unconstitutional. The peti...
Facts:
The petitioner, Amish Devgan, hosted a debate on a news channel about the Places of Worship (Special Provisions) Act, 1991. During the debate, he made derogatory remarks about Pir Hazrat Moinuddin Chishti, a religious figure, which led to the filing of several FIRs against him in various states. The petitioner sought the quashing of these FIRs and also requested the transfer of all case...
Facts:
A writ petition (Civil) No. 1213 of 2020 was filed, seeking the quashing of the decision to affix posters outside the residences of COVID-19 positive individuals under home isolation.
Guidelines issued by the Ministry of Health and Family Welfare on 02.07.2020 were presented in the case, but they did not contain any provisions regarding the pasting of posters outside the residen...
Facts:
The case pertains to Writ Petition (Civil) No. 55 of 2019 filed under Article 32 of the Constitution of India. The petition challenges the Constitutional (One Hundred and Third Amendment) Act, 2019, which introduced Clause (6) in Articles 15 and 16, enabling reservation for economically weaker sections. The petitioners contend that this amendment violates the basic structure of the Cons...
Facts:
The present writ petition was filed in 1985 and raised various issues related to the environment in Delhi, misuse of premises for unauthorized/commercial purposes, and the shifting of heavy industries. In 2006, the Supreme Court appointed a Monitoring Committee to restrain the misuse of residential premises for commercial purposes in Delhi. Subsequently, the Monitoring Committee also ad...