Showing : 1-10 of 1532 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Power of High Court - In view of expression `any person' in Art.226(1) of Constitution, Courts recognized that jurisdiction of the High Court extended even over private individuals, provided the nature of duties performed by such private individuals are public in nature -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Tender -- Kendu Leaf - Extension of time to deposit additional security not granted - Failure to deposit additional security - Tender terminated - Respondent approach High Court - High Court permitted to go ahead with re-tender and asked respondent to deposit Rs.20 lakh - Re-tender process completed -..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Central Excise Act, 1944, Section 11A, 35L-- Non-levy and Non-payment of excise duty - Respondent not registered itself and not paying any excise duty on products it was manufacturing -Writ petition against issuance of show cause notice - Held, writ petition should normally not be entertained against mere issuance of show cause notice - No..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, 154-- Bail - Multiple FIRs - Arising out of same subject matter at different places - Petitioner directly granted bail by Supreme Court in exercise of its writ jurisdiction under Art.32 of Constitution...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Legal construction -- Demolition by municipal authorities - Reconstruction - Court has to come to a finding that structure was constructed legally and to has to come to a clear cut finding as to dimensions of structure, what area it was covering and which part of the plot it was covering - Court allowing reconstruction..........

Showing : 1-10 of 1532 Results