Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........
Constitution of India, 1950, Article 32 -- Writ petition - Arraying President of India as Respondent No.1 - Grievance that has been agitated is absolutely unjusticiable - Thus, petition is vexatious and is an expression of pervert proclivity - Petition dismissed - Directions issued...........
Constitution of India, 1950, Article 311(2)(a) -- Dismissal from service - No rule of law has been laid down that in all cases of conviction of government officials, conviction order would ultimately warrant disciplinary proceedings or dismissal from service - No, doubt disciplinary proceedings can be launched from purpose of punishment on base of conduct which has let to..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Denial of speedy justice - Quashing of proceedings - Non-commencement of trial even after 29 years - Even, petitioner appeared when charge-sheet was submitted in 2011 - Moreover, petitioner is not responsible for delay in trial - Further, there is no direct accusation against petitioner..........
Constitution of India, 1950, Article 14 -- Civil Service examination - Number of attempts by Physically Handicapped candidates belonging to General Category and Physically Handicapped candidates belonging to Other Backward Classes (OBC) - Increase from 4 to 7 attempts to Physically Handicapped candidates belonging to general category bringing it par with that of OBC..........
Criminal Procedure Code, 1973 -- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review u/s 482 Cr.P.C. and Art.226 of Constitution,..........
Civil Procedure Code, 1908, Section 100A -- No further appeal in certain cases - Letter Patent Appeal - No letters patent appeal was to lie from original or appellate decree or decree of Single Judge were any writ, order or direction issued u/Art.226/227 of Constitution - Legislature in its wisdom preferred to save both types of pending letters patent appeal which were..........
Right to Information Act, 2005, Section 8(1)(g), 8(1)(h), Constitution of India, 1950, Article 226, 227 -- Prohibition on disclosure of information - Power of Court u/arts.226, 227 of Constitution - Once RTI Act provides for exemption from disclosure of certain types of information provided Commission can justify denial on grounds that it falls under the said provisions,..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Not maintainable where a fact of unauthorised possession is required to be inquired into and to be adjudicated upon - It is only in the case of enforcement of legal right and not to establish a legal right, the writ of mandamus would be maintainable...........
Constitution of India, 1950, Article 226 -- Writ proceedings - Applicability of provisions of CPC - Provisions of CPC are not per se applicable to writ proceedings but principles of CPC which advance public policy, which are equitable and just, can be extended to writ proceedings...........
