Constitution of India, 1950, Article 226 -- Direction for CBI inquiry - While issuing directions to CBI to hold an investigation, pleadings and material sufficient for CBI inquiry are required to be looked into...........
Constitution of India, 1950, Article 226 -- Direction for CBI inquiry - Mere sweeping remarks are not enough to direct for CBI investigation, until prima facie disclosure of commission of criminal offence is made out...........
Constitution of India, 1950, Article 226 -- Direction for CBI inquiry - In the matters relating to recruitment, it would not be appropriate to direct CBI investigation in routine course unless facts brought on record are so abnormal that shake the conscience of Court...........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Directions for CBI enquiry should not be ordered by High Courts or Supreme Court in a routine manner - Exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously and only in exceptional situations...........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbors a subjective lack of confidence in the State police - Court must be satisfied that material placed prima facie discloses commission of offences and necessitates a CBI..........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
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...........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
