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1 - 10 of 43 (0.32 seconds)The Indian Penal Code, 1860
Article 19 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Section 212 in The Companies Act, 2013 [Entire Act]
Ritu Singal vs Bureau Of Immigration & Ors on 22 May, 2023
65. Having considered the overall facts and circumstances, this Court
finds that the case of the petitioner squarely falls within Category B of the
judgment passed in the case of Ritu Singal v. Bureau of Immigration &
Ors., wherein this Court categorised writ petitions in Para 3 as:-
Deepen Arun Parekh vs State Bank Of India And 4 Ors on 9 March, 2023
14. The executive instructions that constitute the LOC regime, the Office
Memoranda issued by the Ministry of Home Affairs, are not a statute. They
are not legislative acts enacted by a competent legislature. As this Court held
in the Preceding Judgment, an LOC, though a recognised administrative
instrument, operates in a constitutionally sensitive field. The mere existence
of an administrative instruction authorising the issuance of an LOC does not,
by itself, satisfy the requirement of a "law" as contemplated by Article 21.
Executive action operating in the field of personal liberty must have a
statutory anchor; the Office Memoranda cannot serve as a substitute for
legislative mandate. This position, laid down in Maneka Gandhi and
applied consistently by this Court and the Bombay High Court in Viraj
Chetan Shah v. Union of India4, constitutes settled constitutional law.