Constitution of India, 1950, Article 226 -- Writ petition - Where an efficacious alternate remedy is available, High Court should not entertain a writ petition u/art 226 of Constitution in matters falling squarely within the domain of Tribunals - However, a writ petition u/art 226 may still be maintainable notwithstanding existence of such an alternative remedy in..........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 7 -- Interim injunction - Violation of - When an injunction order is violated, appropriate remedy lies U.O.39.Rr.2-A, 7 CPC - Aggrieved party is required to bring alleged violation to notice of Court concerned, which may initiate appropriate proceedings or grant ancillary directions including police aid to secure compliance...........
Service -- Regularisation - Selective regularisation in same establishment while continuing some employees on daily wages despite comparable tenure and duties with those regularized is a clear violation of equity...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Nothing on record to indicate that investigation has been carried out in violation of legal principles or that material evidence is being deliberately withheld or ignored - Merely because case put forth by petitioner has not been found to be true by Police, cannot be considered a cause, good..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
