Constitution of India, 1950, Article 226 -- Writ petition - If an alternative remedy is available to a party before High Court in another jurisdiction, writ jurisdiction should not normally be exercised on a petition u/art 226 of Constitution for that would allow machinery set up by concerned statute to be bye-passed...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - If in an exceptional case Court feels need to travel beyond scope of writ petition and make observations, the least a party is entitled to is an opportunity to explain and defend themselves...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Practice of catching parties by surprise by writ Courts travelling beyond the scope of issues in question is disapproved...........
Civil Procedure Code, 1908, Section 115 -- Revision - Interlocutory order - Order passed without jurisdiction - Revision is not entertainable in the eyes of law against interlocutory order - Writ petition against such an order, wholly without jurisdiction, is always maintainable...........
Custody of child -- Writ of habeas corpus - Child is in custody of father - Custody of father being natural guardian, cannot be regarded as illegal or unlawful unless shown to be contrary to a specific legal order or authority - Though availability of an alternative remedy is not an absolute bar to issuance of a writ of Habeas Corpus, however, disputes between natural..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
Mutation -- Order passed in mutation proceedings - Not amenable to writ jurisdiction - Mutation proceedings being of a summary nature drawn on basis of possession do not decide any question of title and orders passed in such proceedings do not come in the way of a person in getting his rights adjudicated in a regular suit - Such petitions are not to be entertained in..........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
