Constitution of India, 1950, Article 226 -- Tender process - Interference - Jurisdiction under Art.226 of Constitution - Court can interfere only where action of authorities is arbitrary, unreasonable, malafide or in violation of law - Even if, other view is taken, interference in tender process is unwarranted...........
Constitution of India, 1950, Article 14, 226 -- Tender process - Technical bid - In the instant case, contractor's technical bid disqualified on finding experience certificate unsatisfactory - As per tenderer, contractor had some difficulty while performing previous contract but he explained difficulty satisfactorily - Even, no opportunity of hearing given to contractor as..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Habeas Corpus is Latin "you have the body" - Writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum - It is sometimes described as "great writ" - It is considered as most expeditious remedy available under law...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of habeas corpus is process by which person who is confined without legal justification may secure release from his confinement - Writ is, in form, an order issued by High Court calling upon person by whom a person is alleged to be kept in confinement to bring such person before Court and to let Court know on..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Production of body of person alleged to be unlawfully detained is not essential before an application for writ of habeas corpus can be finally heard and disposed of by Court...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - If allegation in writ of habeas corpus read as whole do not disclose detention, in other words, if there is no allegation of illegal detention, writ petition seeking writ of habeas corpus is liable to be rejected summarily...........
Constitution of India, 1950, Article 226 -- Writ - Rule of exclusion of writ jurisdiction due to availability of an alternative remedy is a rule of discretion and not one of compulsion - Court may still exercise its discretionary jurisdiction of judicial review in at least three contingencies namely (i) where writ petition seeks enforcement of any of fundamental rights..........
Constitution of India, 1950, Article 226 -- Writ - Writs are intended to enable High Court to issue them in appropriate cases where State or its official/instrumentalities act wholly without jurisdiction or in excess of it or colorably or in violation of principle of natural justice, or refuse to exercise jurisdiction conferred on them, or there is an error apparent on..........
Criminal Procedure Code, 1973, Section 321, Constitution of India, 1950, Article 226 -- Withdrawal from prosecution - Decision taken by State Government for withdrawal of case communicated to P.P., is open to judicial review, on same parameters as are prescribed for invoking authority of judicial review...........
Criminal Procedure Code, 1973, Section 321, Constitution of India, 1950, Article 226 -- Withdrawal from prosecution - State Government is free to act under parameters provided for to make scrutiny of criminal cases pending in subordinate courts to find out as to whether they deserve withdrawal u/S.321 Cr.P.C. or not as it is in realm of policy decision, and call on said..........
