Constitution of India, 1950, Article 226 -- Writ jurisdiction - Exceptions when a petition u/art 226 of Constitution could be entertained in spite of availability of an alternative remedy: (i) where the statutory authority has not acted in accordance with the provisions of enactment in question; (ii) it has acted in defiance of the fundamental principles of judicial..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Award of Tribunal - High Court in appropriate cases can go into facts while examining an award of a Tribunal...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Though High Court ought not to re-appreciate evidence and substitute its own finding for that of Tribunal, it would not be beyond the jurisdiction of High Court in its power of judicial review to altogether eschew such a process...........
Service -- Comparability of units - Writ jurisdiction - Where the employer seriously contested the use of the concerned units as comparable ones and highlighted its difficult financial position, the proper course would have been to remit the matter to the Industrial Tribunal rather than entering into these factual question independently in exercise of the writ..........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Time spent in pursuing the matter bonafidely and in good faith before forum believing it to be the appropriate forum is bound to be excluded when computing limitation before Court having competent jurisdiction...........
Wakf Act, 1995, Section 32(2)(g) -- Jurisdiction of Waqf Board - Issue pertaining to Mutawalliship - Waqf Board alone has got jurisdiction regarding issue pertaining to Mutawalliship and not the Waqf Tribunal...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Institution of suit at place where defendant resides or cause of action arises - Provision of S.20 CPC is a residuary provision only which is applicable to cases beyond those in Ss.15 to 19 CPC...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
