Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual..........
Constitution of India, 1950, Article 226 -- Writ petition - Can be dismissed on the ground of alternative remedy, even if it is admitted...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Court must consider three aspects: (i) balance of convenience; (ii) Irreparable harm or injury; (iii) that there is a prima facie case...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Constitution of India,1950, Article 226, Arbitration and Conciliation Act, 1996, Section 7, Micro Small and Medium Enterprises Development Act, 2006, Section 18, 19 -- Writ petition - Maintainability - Jurisdiction of Council - Council directed petitioner to pay balance amount as claimed by respondent no.2 and referred matter to arbitration - Council ought to have atleast..........
Constitution of India,1950, Article 168(2), 170, 171, 226, Wakf Act, 1995, Section 14(1)(b)(ii) -- Expl.II, 15 - Election - Members of Wakf Board - Competency of Member of Legislative Council (MLC) after completion of its term continuing as Chairperson of State Wakf Board - Members elected to the Wakf Board under the category of MLAs and MLCs are entitled to continue for a..........
Constitution of India,1950, Article 226, Bihar Land Reforms Act, 1950, Section 4h -- Writ petition - Construction - Without following procedure - Jurisdiction - Land of petitioners utilized for purpose of construction of National Highway - Proceeding are pending before revenue authority on the basis of suspicious Jamabandi case and inquiry is being conducted - Therefore,..........
Right to Information Act, 2005, Section 2(f), 8, Constitution of India, 1950, Article 226, 227 -- Evaluated answer books - There is no option for University to supply evaluated answer scripts to applicant under provisions of RTI Act, 2005 - When evaluated answer books are constructed as an information, the same cannot be denied and therefore, applicant is entitled to get..........
Right to Information Act, 2005, Section 2(f), 8, Constitution of India, 1950, Article 226, 227 -- Evaluated answer books - Regulations formulated by University cannot override provisions of RTI Act, 2005...........
Right to Information Act, 2005, Section 2(f), 8, Constitution of India, 1950, Article 226, 227 -- Evaluated answer books - Regulations formulated by University - If any such Guidelines, Rules or Regulations running counter to provisions of RTI Act, 2005, the spirit of RTI alone would prevail and all these Regulations and procedures adopted by University are to be kept..........
