Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2003, Section 19, 21, Rajasthan High Court Rules, 1952, Rule 134 -- Intra-Court appeal against judgment of Single Judge - Maintainability - Rent Tribunal and Appellate Rent Tribunal have trappings of Civil Court - Therefore judicial orders passed by them can only be questioned by invoking power of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Mere existence of an alternate remedy, whether adequate or not does not alter fundamentally-discretionary nature of High Court's writ jurisdiction and therefore does not create an absolute legal bar on exercise of writ jurisdiction by a High Court...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Administrative decision - High Court in exercise of jurisdiction u/art 226 of Constitution does not sit in appeal over an administrative decision - Court can only examine decision making process to ascertain whether there was such infirmity in decision making process, which vitiates decision and calls for..........
Constitution of India, 1950, Article 226 -- Judicial review - Court in exercise of its power of judicial review is to see whether a decision is vitiated by an apparent error of law - Test to determine whether a decision is vitiated by error apparent on face of record is whether error is self evident on face of record or whether error requires examination or argument to..........
Constitution of India, 1950, Article 21, 226 -- Loss - Sudden collapse of HRTC building - Damages - Writ - Maintainability - Compensation can be granted when Court comes to a definite conclusion that there has been a violation of fundamental right u/art.21 of Constitution - Moreover, decision on disputed and complex questions of facts is not possible in writ petition as..........
Constitution of India, 1950, Article 226, 227 -- Judicial review - Where findings of Central Government that Industrial Tribunal is not perverse or being not recorded as no evidence, view expressed by Tribunal ordinarily was not open to be interfered with by High Court under its limited scope of judicial review, even if two views which could possibly be arrived at...........
Constitution of India,1950, Article 226 -- Writ Jurisdiction - Issue of citizenship - Falls within the exclusive executive domain of the Central Government - Judicial power cannot go beyond and make encroachment - Encroachment by judiciary into executive realm can be no expection...........
Constitution of India,1950, Article 226 -- Writ petition - Alternative remedy - Although there is alternative remedy of appeal is available under Rajasthan Stamp Act, however if there is question of jurisdiction is raised, petitioner cannot be prevented from preferring writ petition - Thus, Court ought not oust parties for alternate statutory remedy to decide question of..........
