Constitution of India, 1950, Article 32, 226 -- Writ petition u/art 32 of Constitution - Supreme Court will be reluctant to entertain a petition u/art 32 of Constitution directly when an equal efficacious remedy is available to a petitioner u/art 226 of Constitution of India ...........
Constitution of India, 1950, Article 226 -- Writ petition - Striking down a provision of law - For striking down provisions of law or for declaring any rules as ultra vires, specific pleading to challenge rules and asking of such relief, ought to be made...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Can be issued if petitioner has a legal right to performance of a legal duty by party against whom mandamus is sought and such right must be subsisting on the date of petition...........
Constitution of India, 1950, Article 226 -- Eviction order - Writ petition - Unauthorized occupant - Question as to when tenancy was created or when petitioner or his predecessor-in-interest became a tenant, is not merely a question of law but a mixed question of fact and law - Petitioner having not raised this question before either prescribed authority or appellate..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or under Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of case as well as..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Frivolous and vexatious proceedings - In frivolous or vexatious proceedings, Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as the..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Court while exercising its jurisdiction u/s 482 Cr.P.C or Art.226 of Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Disputed questions of fact cannot be allowed to be raised in writ jurisdiction, as it would be wrong assumption of such extraordinary jurisdiction...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party is disentitled to invoke equitable jurisdiction u/art 226 of Constitution, where there is suppression of material facts, concealment of full details of litigation, present and future between the parties qua subject matter of dispute, distortion or manipulation of relevant facts, misleading Court by..........
