Constitution of India, 1950, Article 226 -- Writ petition - Claim of multiple reliefs in a single prayer - Writ petition cannot be dismissed on this ground - Even if multiple relief in a single prayer claimed and if at all High Court was of view that relief should have been claimed separately, liberty to that extent by way of a correction of prayer clause could have been..........
Constitution of India, 1950, Article 226 -- Writ petition - Title of property cannot be decided in the petition u/art 226 of Constitution...........
Constitution of India, 1950, Article 226 -- Writ petition - Where an efficacious alternate remedy is available, High Court should not entertain a writ petition u/art 226 of Constitution in matters falling squarely within the domain of Tribunals - However, a writ petition u/art 226 may still be maintainable notwithstanding existence of such an alternative remedy in..........
Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Provisions of O.22 CPC do not apply to writ proceedings, consequences of it would be that there would be no automatic abatement of a writ proceedings - But writ proceedings cannot continue against a dead person...........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Non-substitution of LRs - Information about death of opposite party No.1 was given way back in 2021 but till date no application for substitution has been filed by petitioners/State - Considering the lapse of more than 4-1/2 years from date of information and also considering the fact that even..........
Constitution of India, 1950, Article 226 -- Writ petition - Writ Court cannot convert itself to an appellate or revisional forum - Scope of writ petition under Article 226 of the Constitution of India is limited and following are exception where writ petition can be entertained: (i) Where writ petition seeks enforcement of any of fundamental rights; (ii) Where there is..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Violation of status quo order - Allegation pertaining to violation of order of status quo require determination of fact which cannot be done in summary proceedings u/art 226 of Constitution - Petitioner is relegated to ordinary civil remedy of application U.O.39.R.2-A CPC...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative act of authority is challenged by way of writ petition - Controversy between petitioner and respondent is civil in nature - Power under writ petition cannot be exercised - Writ petition disposed of...........
Constitution of India, 1950, Article 32, 226 -- Writ petition - Applicability of Evidence Act - Evidence Act does not strictly apply to the proceedings in a writ court, and the decision is rendered based on evidence and material on record...........
