Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner cannot be non-suited at the threshold on the ground of delay or laches...........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner is a third party to award - Third party can assail an award by way of writ petition, if special circumstances are made out...........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Grounds of fraud would have to be pleaded and proved before Court by way of cogent evidence - This cannot be done in proceedings initiated u/art 226 of Constitution - Moreover, petitioner already filed an application U.O.21.R.58 CPC - Writ petition dismissed while leaving..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Ordinarily a writ petition should not be entertained when an efficacious alternate remedy is provided by law - When a right is created by statue, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking..........
Constitution of India, 1950, Article 226 -- Writ petition - Registration of document - Challenge as to - Writ petition would be maintainable only where there is failure on the part of registering authority to stick to the mandate of law and mere cancellation of registration of document is sought - Declaration that the document is null and void is exclusively within the..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court, while exercising jurisdiction u/art 226 of Constitution has vast discretion to entertain a writ petition, even if alternate remedies may exist, especially in cases where Executive has blatantly and brazenly misused its power to weaken democratic values at the grass root level...........
Constitution of India, 1950, Article 226 -- Writ petition - Factual findings of Labour Court normally should not be disturbed by a Writ Court without compelling reason...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Constitution of India, 1950, Article 226 -- Transfer of investigation to CBI - High Court is empowered to entrust investigation to CBI while exercising its powers u/art 226 of Constitution - However, High Court has to come to a reasoning as to why it finds that investigation by State Police is not fair or is partisan - Merely on the basis of some letters such an exercise..........
