Constitution of India, 1950, Article 226 -- Writ jurisdiction - Regulation by statute - Does not constitute hospital as body which is constituted under the statute as individuals and organizations are subject statutory requirements in whole host of activities...........
Constitution of India, 1950, Article 12, 226 -- State - Ramakrishna Mission and its hospital - Discharge public function or not - Hospital is in receipt of some element of grant - Even, grants which are received by hospital cover only part of expenditure - Moreover, terms of grant does not indicate any form of governmental control in management or day to day functioning of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - When any illegality or mala fide action on part of investigating authorities is brought to notice at behest of an aggrieved person, Court would certainly step into to correct such injustice or failure of justice to set right illegality or mala fide action of investigating authorities in exercise of power u/art..........
Constitution of India, 1950, Article 226, Indian Contract Act, 1872, Section 17 -- Writ jurisdiction - Plea of fraud - Is a question of fact and is to be decided on basis of pleadings and evidence before competent Court - Writ petition on said disputed question of fact cannot be entertained...........
Constitution of India, 1950, Section 226(2), Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Special Civil application (SCA) - Maintainability - Dispute between company and its employees for no, payment of wages after closing of company - Company has its factory at the place which is part of State `G' - Labour Court which entertained the..........
Constitution of India, 1950, Article 226 -- Writ petition - Applicability of CPC - Though CPC does not apply to writ proceedings, principles underlying therein which are founded on public policy may be extended and made applicable in writ proceedings also in the interest of administration of justice...........
Constitution of India, 1950, Article 226(2), Andhra Pradesh Reorganisation Act, 2014, Section 40(3) -- Proviso - Territorial jurisdiction - Whether there is conflict between Art.226(2) of the Constitution and S.40(3) of the Act ? - No...........
Constitution of India, 1950, Article 226 -- Examination - Power of re-evaluation of answer sheets - Candidate cannot as a matter of right to claim or ask for reevaluation of his marks in absence of any provision in that regard - However, Court may permit reevaluation inert alia only if it is demonstrated very clearly without any inferential process of reasoning or by a..........
Constitution of India, 1950, Article 226 -- Judicial examination - Power of re-evaluation of answer sheets - Candidate approaches the Court after delay of 5 years - Case cannot be characterize as rare or exceptional - Even otherwise, High Court on the one hand reasoned that complaint related to Paper III, despite that direction is given for evaluation of Paper I & III -..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Maintainability - Private property dispute inter se parties - No writ petition can be entertained for issuance of any writ against any private individual in respect of any private property dispute - Remedy in such case lies in civil Courts...........
