Criminal Procedure Code, 1973, Section 482 -- Inherent Powers - Alternate remedy - Petition for quashing complaint and summoning order - Alternative efficacious remedy is available to the petitioners before the Judicial Magistrate - High reluctant to exercise its inherent powers under Section 482 of the Code...........
Civil Procedure Code, 1908, Section 9, Specific Relief Act, 1963, Section 41(h) -- Interim injunction - Jurisdiction of civil Court - Civil Court is precluded from granting relief of injunction where suitor can obtain such relief when suitor has alternative efficacious remedy available to him for redressal of his grievance voiced in proceedings before it...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - When a party has direct interest in the litigation, he cannot be prevented from coming on record to safeguard his interest - Application for Impleading as a party cannot be rejected on the ground that applicant has got effective alternative remedy by way of separate suit...........
Civil Procedure Code, 1908, Section 148A, 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Writ petition against order granting exparte and interim injunction - Can be entertained but only under special circumstances - In the instant case, inspite of lodging of caveat, Court granted exparte ad interim..........
Telephone -- Disconnection - Writ petition against telephone authorities - Writ petition is maintainable -Alternative remedy of approaching consumer forum - Not proper remedy...........
Hindu Marriage Act, 1955, Section 13(1), 13A -- Wife lecturer - Husband filing petition for divorce alleging abnormal conduct, behaviour of Wife - Wife denying the allegation and pleading ill-treatment and assault by the husband - Trial Court held that wife not of unsound mind or was not suffering from mental disorder - Alternative remedy of judicial separation cannot be..........
Constitution of India, 1950, Article 226 -- Writ Petition - Alternative remedy available - When appeal is a futile exercise and the appellate authority has already expressed its opinion on a particular question - Held, the filing of appeal will be an exercise in futility as such writ petition can be entertained...........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 23 -- Duty of State Authorities to offer market value of acquired land as compensation - Generally no unanimity amongst parties regarding true market value of land acquired - Provision made in Acts providing for compulsory acquisition for determination of market value by competent judicial or..........
Constitution of India, 1950, Article 226 -- Alternative remedy, existence of statutory remedy - Not absolute bar to entertainment of a writ petition - In election matters, alternative remedy of electio, petition must be resorted to invariably unless some exceptional circumstances exist - Once writ-petition entertained after hearing both sides and also after hearing..........
Civil Procedure Code, 1908, Section 11 -- Dismissal of writ petition in limine whether operates as res judicata - Determination whether order passed by High Court in limine is a speaking order passed after contest - To be seen whether writ petition dismissed on its merits or there is scope for entertaining guess-work that petition dismissed on any other ground such as..........
