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 would effectively mean that writ..........
Practice and procedure -- Merely - because Court may not exercise its discretion, is not a ground to hold that it has no jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
Limitation -- Constitutional jurisdiction - No limitation prescribed for Courts to exercise their constitutional jurisdiction to do substantial justice...........
Arbitration and Conciliation Act, 1996, Section 17, Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, Section 3 -- Interim order - Jurisdiction of Tribunal constituted under 1992 Act - Tribunal constituted u/s 3 of 1992 Act has jurisdiction to make interim orders in terms of S.17 of A & C Act, as there is no inconsistency between these two Acts...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Writ petition which involves serious disputed questions of facts, which require consideration of evidence, which are not on record, should not normally be entertained...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken a wrong view of law or..........
