Article 226 Constitution

A collection of 107 posts

Constitutional Law

Legislative Council U.P. Lucknow vs Sushil Kumar 2025 INSC 1241 - CBI Investigation

Constitution of India - Article 32,226- CBI Investigation -CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbors a subjective lack of confidence in the State police. For invoking this power, the concerned Court must be satisfied that

Constitutional Law

Tamilaga Vettri Kazhagam v. P.H. Dinesh 2025 INSC 1224 - Karur Stampede - CBI Investigation

Constitution of India - Article 32,226 - CBI Investigation -Fair investigation is the right of a citizen- There are no inflexible guidelines to decide whether or not such power should be exercised. The CBI investigation ought not to be directed in a routine manner or where a party has

Constitutional Law

P. Radhakrishnan vs Cochin Devaswom Board 2025 INSC 1183 - Writ Jurisdiction - Travelling Beyond Scope

Constitution of India - Article 226 - If in an exceptional case the Court feels the need to travel beyond the scope of the writ petition and make observations, the least a party is entitled to, is an opportunity to explain and defend themselves (Para 22) - Litigants go to

Constitutional Law

Coal India Ltd. vs Rahul Industries 2025 INSC 1103. Interim Coal Policy

Interim Coal Policy - Interim Coal Policy made a reasonable classification between the linked industries of the core and non-core sectors and was introduced with the legitimate aim of ensuring an adequate supply of coal in the market by reinforcing the financial capabilities of the appellant company to sustainably operate

Constitutional Law

Assistant General Manager, State Bank of India vs. Tanya Energy Enterprises 2025 INSC 1119 - Judicial Review - Administrative Orders

Constitution of India - Article 226 - Judicial Review of Administrative Orders - While the courts, in course of reviewing administrative orders, may not permit additional grounds not found within the four corners of the said order to be raised in an affidavit or in oral arguments, the factual narrative

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Pradnya Pranjal Kulkarni v. State of Maharashtra - S.528 BNSS - Art. 226 Constitution - Quashing FIR - Filing Of Chargesheet

Constitution of India - Article 226 ; Bharatiya Nagarik Suraksha Sanhita 2023 ; Section 528 - So long cognisance of the offence is not taken, a writ or order to quash the FIR/charge-sheet could be issued under Article 226; however, once a judicial order of taking cognisance intervenes, the power under

Constitutional Law

Sreeja D G vs Anitha R. Nair - Art. 136 Constitution - SLP - HC Modifying Impugned Oder

Constitution of India - Article 136 - When an order passed by the High Court is under challenge and notice has been issued by Supreme Court, thereafter, if any application is filed for modification of the said order, the High Court must exercise restraint, as far as practicable, in passing

Constitutional Law

Andhra Pradesh Grameena Vikas Bank v. Union of India - Writ Jurisdiction

Constitution of India - Article 226 - Deciding the Writ Petition and the Writ Appeal by the same Court itself goes against the very basic principles of judicial norms and propriety. [Context: In this case, SC observed that High Court has decided the original Writ Petition and also, the Writ

Constitutional Law

Sunita vs State Of Karnataka - Art.32,226 Constitution

Constitution of India - Article 32 - A petition under Article 32 of the Constitution of India assailing an order of the High Court passed under Article 226 of the Constitution of India is not maintainable - Referred to Naresh Shridhar Mirajkar vs. State of Maharashtra. Sunita vs State Of

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act

Saldanha Real Estate Private Limited vs Bishop John Rodrigues 2025 INSC 1016 -Maharashtra Slum Areas Act

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Constitutional Law

Suresh Chandra Maharana vs Union Of India - Withdrawal Of PIL

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Constitutional Law

Prakash Singh vs Union Of India - PIL -Service Disputes

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Constitutional Law

Arshnoor Kaur vs Union of India 2025 INSC 954 -S.12 Army Act - Male Reservation

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Army Act 1950 - Section 12 - Once the Service Headquarters decides to induct women officers in a particular branch or corp by way of a Notification under Section 12 of the Army

Rights of Persons with Disabilities Act

Joseph vs Telangana State Road Transport Corporation 2025 INSC 920- Service Law - Disability Of Employee

Rights of Persons with Disabilities Act, 2016- When a disability is acquired in the course of service, the legal framework must respond not with exclusion but with adjustment. The duty of a public employer is not merely to discharge functionaries, but to preserve human potential where it continues to exist.

Constitutional Law

Padi Kaushik Reddy v. State of Telangana 2025 INSC 912 - Speaker - Disqualification Plea

Constitution of India - Tenth Schedule and Article 136, 226,227 - The Speaker, while acting as an adjudicating authority in Paragraph 6(1) of the Tenth Schedule to the Constitution, acts as a Tribunal amenable to the jurisdiction of the High Court under Articles 226 and 227 of the

Constitutional Law

Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. vs. M.P. Road Development Corporation 2025 INSC 907 - Right To Safe, Well-Maintained - Motorable Roads - Writ Petitions

Constitution of India- Article 19,21- The right to access any part of the country, with certain exceptions and restrictions under certain circumstances, is a fundamental right guaranteed under Article 19(1)(g) of the Constitution, and the right to safe, well-maintained, and motorable roads is recognised as a part

SARFAESI Act

PNB Housing Finance Limited vs. Manoj Saha 2025 INSC 847 - Writ Petitions- SARFAESI Matters - Tenants

Constitution of India - Article 226,227 - SARFAESI Act - Any person claiming to be lessees/tenants in respect of secured assets to approach the DRT against measures under section 13(4) of SARFAESI, including taking possession of the secured asset. Tribunal is empowered to declare such measures invalid

Doctrine of Merger

Vishnu Vardhan @ Vishnu Pradhan vs State Of Uttar Pradesh 2025 INSC 884 - Exceptions To Doctrine Of Merger- Writ Jurisdiction - Fraud

Legal Maxims and Doctrines - Doctrine of Merger - When an appeal is limited to a specific part of the judgment and order of the first-instance court, the merger occurs only to that extent, leaving the rest intact and available for future consideration. The extent of merger is determined by

Service Law

United Bank Of India vs Swapan Kumar Mullick 2025 INSC 881 - Service Law - Resignation & Voluntary Retirement - Art. 226 Constitution - Policy Matters

Service Law- “Resignation” and “voluntary retirement”- A public servant, who is in permanent employment, is entitled to continue in service till his retirement on superannuation. However, any such employee may sever his relationship with his employer prior to the date of superannuation by any of the two modes, i.

Constitutional Law

State Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ Petition

State Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ PetitionState Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ Petition.pdf393 KBdownload-circle note We make notes on all Supreme Court judgments for our subscribers’ community

Constitutional Law

Nagam Janardhan Reddy vs State Of Telangana 2025 INSC 798 - Writ Jurisdiction - Factual Adjudication

Constitution of India - Article 226 - While upholding dismissal of writ petition by HC, SC observed : We find that those are aspects which would call for determination of facts or in other words, a factual adjudication which cannot be done in a writ petition filed under Article 226 of

Constitutional Law

Kamla Nehru Memorial Trust vs U.P. State Industrial Development Corporation Limited 2025 INSC 791 - Legal Notice - Land Allotment - Public Trust Doctrine

❓What are the essential elements of a legal notice? Legal Notice - The essential elements of a legal notice would include: a. It should contain a clear and concise set of facts which convey the information leading to the relevant circumstances. This element is also fulfilled when reference is made

Pension

Reserve Bank Of India vs M.T. Mani 2025 INSC 769 - Pension - Cut Off Date Fixation - Financial Constraints

Pension - Cut off date fixation - Financial constraints can constitute a valid and non-arbitrary basis for fixing a cut-off date for extending pensionary benefits or pay revisions. It emphasized that economic considerations are germane to governmental policy decisions, and distinguishing between retirees based on such a date does not

Constitutional Law

Old Jalukai Village Council vs Kakiho Village 2025 INSC 766 - Judicial Review Of Cabinet Decisions

Constitution of India - Article 32,226 - Cabinet Decisions- When the State has taken a policy decision or through its Cabinet has arrived at a certain conclusion, in their wisdom, after exhaustively considering all the relevant factors and recommendations, it would not be appropriate for courts to interfere or

Human Rights Act

Arif Md. Yeasin Jwadder vs State of Assam 2025 INSC 785 - Fake Encounters

Fake encounters - Fake encounters are extra-judicial killings and must be subject to strict legal scrutiny- Referred to (Para 13)the use of excessive or unlawful force by public authorities, irrespective of the nature of the offence or the antecedents of the victim, cannot be condoned or legitimised on any