Showing : 1-10 of 1353 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Principle that High Court should not exercise its extraordinary writ jurisdiction when an efficacious alternative remedy is available, is a rule of prudence and not a rule of law - Existence of such remedy does not mean that jurisdiction of High Court is ousted - At the same..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Alternative efficacious remedy available - It will be for High Court to decide in peculiar facts and circumstances of each case whether it should exercise its extraordinary writ jurisdiction or not - There cannot be a blanket ban on exercise of such jurisdiction because that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 21(a)(ii), 19, Constitution of India, 1950, Article 226-- Writ jurisdiction - A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission - High Court should avoid to entertain a writ petition against the order of State Commission, in view of availability of an alternative and efficacious remedy - However, presence..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438, 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Provision of S.438 Cr.P.C. stands excluded to offence under SC/ST Act - However, High Court can grant anticipatory bail in an offence under SC/ST Act by invoking provision of S.482 Cr.P.C. or Art.226 Constitution of India - Power to grant anticipatory bail is available to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, 15, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Impleadment of victim/dependent/de facto complainant - When an accused in a case under SC/ST Act takes out an application for grant of anticipatory bail, he has to necessarily implead victim/dependent/de facto complainant - It shall be duty of I.O to..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence under SC/ST Act - Anticipatory bail - Accused has to file a petition along with annexures containing all necessary and relevant materials - Only after judicial scrutiny of those materials and particulars, Court can come to a decision as to whether accused is entitled to anticipatory bail -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226-- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual late comer and when her superior officers attempted to discipline her, she chose to hit back and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 226-- Writ petition - Interim relief - Court must consider three aspects: (i) balance of convenience; (ii) Irreparable harm or injury; (iii) that there is a prima facie case...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 226-- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about..........

Showing : 1-10 of 1353 Results