Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court, while exercising jurisdiction u/art 226 of Constitution has vast discretion to entertain a writ petition, even if alternate remedies may exist, especially in cases where Executive has blatantly and brazenly misused its power to weaken democratic values at the grass root level...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Writ proceedings - Applicant is not connected to issue involved in the writ proceedings - He cannot be said to be a proper and necessary party in the proceedings - Application rejected...........
Service -- Termination - Writ petition - High Court set aside order of termination on the ground of not providing due opportunity to delinquent - However, delinquent was guilty of suppression of factum of securing new employment with FCI - Respondent was disentitled to equitable relief from High Court in exercise of powers u/art 226 of Constitution - Order of termination..........
Constitution of India, 1950, Article 226 -- Writ petition - Factual findings of Labour Court normally should not be disturbed by a Writ Court without compelling reason...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
Constitution of India, 1950, Article 226 -- Writ petition - When a party is relegated to High Court to pursue its remedies, it would not be proper in the normal course to bind High Court with directions in relation to proceedings to be impugned before Court - Ordinarily, Supreme Court would leave all issues open for the party so relegated to raise and pursue before High..........
Constitution of India, 1950, Article 32 -- Writ of mandamus - Premature release - Nature of offence is very important in a petition seeking writ of mandamus for premature release...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Constitution of India, 1950, Article 32 -- Judicial review - Absence of consultation amongst members of collegium would be within the limited purview of judicial review - Writ petition for this limited scrutiny is maintainable...........
