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Criminal law

ARVIND DHAM versus DIRECTORATE OF ENFORCEMENT

Appellant's continued incarceration for around 16 months and 20 days, when investigation qua him is concluded, cognizance has not been taken and trial is not likely to commence soon while primary evidence is documentary and in custody of prosecution, violates his right to speedy trial under Article 21; given the maximum sentence under PMLA is seven years and delay is attributable to the prosecution, bail was warranted and the High Court order rejecting bail was set aside.

Source excerpt

  • Bail
  • Right to speedy trial
  • Pre-trial detention
  • Economic offences
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Constitutional law

DIVJOT SEKHON versus STATE OF PUNJAB AND OTHERS

The modification of the admission criterion (enlarging the zone of consideration for sports achievements to include Classes IX and X and permitting submission of achievements of any class/year) effected midstream for session-2024 was arbitrary and vitiated by lack of transparency and by undisclosed personal influence; the midstream change is quashed for session-2024 and appellants adversely affected (Divjot Sekhon and Shubhkarman Singh) are to be accommodated in the government medical college seats allotted to the beneficiaries (respondent Nos.4 and 5), with those beneficiaries placed in the…

Source excerpt

  • Admission to professional courses
  • Sports quota
  • Change of policy midstream
  • Transparency and arbitrariness
  • Article 14
  • Legitimate expectation
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Constitutional law

PADI KAUSHIK REDDY ETC. versus THE STATE OF TELANGANA AND OTHERS ETC.

The Division Bench of the High Court erred in setting aside the Single Judge's order which merely directed the Speaker to fix a schedule; given the Speaker acts as a tribunal amenable to judicial review and the Speaker had inordinate delay (not issuing notices for months), the Supreme Court quashed the Division Bench order and directed the Speaker to conclude the pending disqualification proceedings in respect of the MLAs as expeditiously as possible and in any case within three months.

Source excerpt

  • Tenth schedule
  • Defection
  • Disqualification petitions
  • Speaker/chairman powers
  • Time-bound determination of proceedings
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Criminal law

M.C. RAVIKUMAR versus D.S. VELMURUGAN & ORS.

The High Court erred in allowing the second quashing petition because the petition raised no new grounds or change in circumstances that were not available at the time of the first quashing petition; the second petition in effect amounted to an impermissible review of a co-ordinate bench's earlier order, which is barred by Section 362 CrPC; accordingly the High Court's order dated 13.09.2022 was quashed and set aside and the criminal complaint restored.

Source excerpt

  • Quashing of criminal complaint
  • Section 482 crpc
  • Inherent jurisdiction of high court
  • Repeated invocation of inherent jurisdiction
  • Section 362 crpc
  • Abuse of process
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Administrative law

OLD JALUKAI VILLAGE COUNCIL versus KAKIHO VILLAGE & ORS.

The procedure prescribed in the O.M.s dated 22.03.1996 and 01.10.2005 was not complied with in this case because objections to the public notice (including from the appellant) were not shown to have been adequately considered; the inter-district boundary dispute had no nexus to the recognition of respondent no.1 village on the facts, and therefore the High Court's observations as to compliance are set aside; the State is directed to re-issue the public notice, exhaustively consider all objections including the appellant’s, and decide within six months, failing which strict view will be taken.

Source excerpt

  • Village recognition
  • Public notice and objections
  • No objection certificate
  • Inter-district boundary dispute
  • Cabinet decisions
  • Article 371a
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Judicial review

RACING PROMOTIONS PRIVATE LIMITED versus DR. HARISH & ORS.

Once the High Court recognized that holding the sporting event was a matter of government policy, it erred in proceeding to interfere with and modify the specific contractual terms of the MoU between the SDAT and the appellant. Questions of mutual contractual obligations and apportionment of expenditure are beyond the scope of judicial review in a PIL; therefore directions in paragraphs 22(iv), (v), (vi) and (vii) of the High Court order are set aside.

Source excerpt

  • Memorandum of understanding
  • Scope of judicial interference in contractual terms
  • State policy decision
  • Allocation of public funds
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Tender law

M/S TECHNO PRINTS versus CHHATTISGARH TEXTBOOK CORPORATION & ANR.

While courts should generally not entertain challenges to show cause notices unless jurisdictional or mala fide defects are shown, an authority must exercise its power to blacklist cautiously because blacklisting is a drastic, stigmatic penalty requiring strong grounds; applying those principles to the facts, there was no sufficient reason to issue a show cause notice seeking blacklisting of the appellant, and therefore the part of the show cause notice invoking blacklisting was quashed while the Corporation may proceed with forfeiture of the EMD as permitted by contract.

Source excerpt

  • Blacklisting
  • Show cause notice
  • Forfeiture of emd
  • Breach of contract
  • Reasonableness of administrative action
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Judicial review

PAWAN KUMAR versus UNION OF INDIA & ORS.

The Supreme Court allowed the appeal and set aside the High Court order because BPCL, as the PSU and author of the selection brochure, had scrutinised and been satisfied with the appellant’s documents and the out-of-court settlement among co-owners before issuing the Letter of Intent; constitutional courts should not disturb such allotments unless the PSU's approach is arbitrary, mala fide or perverse, and deference must be afforded to the PSU's interpretation and application of its tender/selection documents.

Source excerpt

  • Allotment of dealership
  • False information
  • Judicial restraint
  • Retail outlet dealership
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Constitutional law

UNION OF INDIA & ANR versus M/S GANPATI DEALCOM PVT. LTD.

The Court held that it is impermissible to adjudicate the constitutional validity of a statutory provision in the absence of a lis and contest between the parties; accordingly the prior judgment declaring unamended provisions of the Prohibition of Benami Property Transactions Act, 1988 unconstitutional is recalled and the appeal is restored for fresh adjudication.

Source excerpt

  • Constitutional validity
  • Recall of judgment
  • Without lis/without contest
  • Benami transactions act
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Constitutional law

DR. JAYA THAKUR & ORS. versus UNION OF INDIA & ANR.

The applications for interim stay of selection and appointment were dismissed because courts must exercise restraint in suspending legislation absent a provision being ex facie unconstitutional or manifestly violating fundamental rights; granting a stay would likely lead to chaos and virtual constitutional breakdown given imminent 18th General Elections; procedural shortcomings in the selection process, while concerning, did not justify interim relief that would disrupt the electoral timetable and institutional functioning, and the concept of plurality under Article 324 supports having additi…

Source excerpt

  • Election commissioners
  • Stay of selection and appointment
  • Constitutionality of legislations
  • Judicial restraint
  • Interim orders
  • Cji as member of selection committee
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.