Constitution of India, 1950, Article 226 -- Writ petition - Merely urging a ground under the heading `GROUNDS', which is in the nature of a submission before High Court without anyone (having full knowledge of proceedings before Tribunal and knowing precisely the points raised) taking responsibility of making a statement on oath by verifying it as true to his knowledge..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Unlawful detention - Detenue being a minor and victim of kidnapping and rape case now aged 15 years 7 months and 13 days, is in protection home - She cannot be set at liberty forthwith as the petitioners seek - Detenue has clearly expressed her mind that she does not wish to go back to her parents and also..........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
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...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier writ petition was withdrawn in view of undertaking that auction shall take place in accordance with terms and conditions of lease which was not done so, as such there arose a fresh cause of action - Principle of res judicata does not apply - High Court erred in dismissing Writ Petition on the ground that the..........
