above
averment, the said averment is arbitrary and is violative of Article 14 of the
Page No.# 18/22
Constitution.
32. In the case ... executive power of the Union and States are provided in Articles
73 and 162 of the Constitution of India, respectively. Undoubtedly, in
India, every state
Rules made under the proviso to Article 309 of the Constitution.
(iii) Executive instructions issued under Article 73 of the Constitution,
in the case ... policy decision taken in terms of the power conferred
under Article 73 of the Constitution on the Union and Article 162 on
the States
Online SC 1703, at paragraph
73, the Hon'ble Supreme Court has observed as under -
"73. In Prabir Purkayastha (Supra), this Court went ... section 19(1) of the Prevention of
Money Laundering Act, 2002 and Article 22 of the Constitution of
India observed that "grounds of arrest
prove compliance with the requirements of Article
22(1);
d) Non-compliance with Article 22(1) will be a
violation of the fundamental rights ... right to personal
liberty guaranteed by Article 21 of the
Constitution. Therefore, non-compliance with the
requirements of Article 22(1) vitiates the arrest
Crl.A./111/2024 on 30 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
GAHC010080562024
raised, the Writ Court has jurisdiction to
invoke judicial review under Article 226 , notwithstanding the availability of any
alternative remedy. In support of his contentions ... proceedings pertaining to the financial years
2017-18, including those under Section 73 of the CGST Act, 2017, are
infructuous as they are barred
WP(C)/4393/2022 on 3 December, 2025
GAHC010129632022
IN THE GAUHATI HIGH COURT
(The
Crl.A./70/2020 on 8 January, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar
Notably, the National Council for Teacher Education Act, 1993 (73 of
1993), is a central legislation, and the same is binding upon the States ... then also the NCTE Act and
Regulations will prevail, in view of Article 254 of the Constitution of India.
In holding so, this court derived
Page 386.
5. In support of his contention that this Court under
Article 226 of the Constitution can judicially review the
legality and validity ... India & Anr. ,
reported in (1995) Vol. 4 SCC at Page 73 and (iv) Surya
Dev Rai Vs. Ram Chander Rai and Ors. , reported
