Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - Rule of exclusion of writ jurisdiction due to availability of an alternative remedy is a rule of discretion and not one of compulsion - In an appropriate case, in spite of the availability of an alternative remedy, a writ court may still exercise its discretionary jurisdiction of judicial..........
Bihar Re-Organization Act, 2000 -- Bifurcation of state - Allocation of employee - Option - Judicial review - The case pitched only on the ground of non-acceptance of the option of the appellant - Held that allocation should not be interfered with on individual grievance relating to non acceptance of options exercised, unless clear illegality or wednesbury unreasonableness..........
Constitution of India, 1950, Article 226 -- Judicial Review - Calling into question an `election' - High Court's power of judicial review - A petition that 'calls into question' an election during the period of 'election' would not be entertain u/Art. 226 of the Constitution of India - High Courts powers of judicial review is merely postponed, to a time and a stage, after..........
Constitution of India, 1950, Article 226, 227, 243O, 243ZG(b), 329(b) -- Question as to correctness of opinion of Full Bench in Lal Chand's case 1998 (1) PLJ 577 - Challenge to Municipal Elections - Judicial Review - Jurisdiction of High Courts. Held - Provisions of Art. 243ZG(b) of the Constitution of India cannot be read down or held to be ultra virsus of the provisions..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(1), 7(3) -- Ejectment petition - Question of title - Jurisdiction of Asstt. Collector - Petition for ejectment - Question of title raised - Commissioner remanded the matter to AC Ist with a direction to decide question of title - AC Ist ordered amendment of petition u/s 7(1) to a petition under sec. 7(3) -..........
Prevention of Terrorism Act, 2002, Prevention of Terrorism (Repeal) Act, 2004, Criminal Procedure Code, 1973, Section 227 -- As amended by Ordinance of 2003 - Special leave petition relating to effect of recommendation made by review committee - Similar question referred to Larger Bench - Present appeal should also be considered by Larger Bench - Petition be placed before..........
Criminal Procedure Code, 1973, Section 227 -- Prevention of Terrorism Act, 2002 (As amended by Ordinance of 2003), Prevention of Terrorism (Repeal) Act, 2004 - Special leave petition relating to effect of recommendation made by review committee - Similar question referred to Larger Bench - Present appeal should also be considered by Larger Bench - Petition be placed before..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Constitution of India, 1950, Article 72, 161, Indian Penal Code, 1860, Section 302, 3041, 109 -- Power to grant pardon - Judicial review - Murder trial - Writ petition challenging order passed by Government of Andhra Pradesh - Supreme Court altered the conviction of R2 from one under Section 302 IPC to Section 304(1) - On request by wife of R2, he was granted remission of..........
Arbitration and Conciliation Act, 1996, Section 11(6), Constitution of India, 1950, Article 137 -- Arbitration petition - Review - Function performed by Chief Justice of India or his nominee or by Chief Justice of a High Court or his nominee is `Judicial' - Application for review of an order passed by Chief Justice of India or his nominee is maintainable...........
