Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Ground of abuse of process of law will not be available while arguing discharge application...........
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..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR/proceedings - At any stage of proceedings, an accused can adopt remedies either u/s 482 Cr.P.C. or Art.226 of Constitution for quashing FIR and proceedings started thereupon on the ground of abuse of process of law and any other available ground - Whether the challenge can be entertained or not is a matter of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - Complainant lodged complaint almost eight years after alleged incident - She also posted post on facebook somewhere in 2018 making allegations against about 14 people, including appellant with regard to alleged sexual abuse - Complainant also did not go to..........
Indian Penal Code, 1860, Section 341, 294(b) -- Offence u/ss 341, 294(b) IPC - Prosecution materials do not suggest that minor was abused in or near any public place or what is the word used to abuse him - Similarly, wrongful confinement dealt u/s 341 IPC also could not be read out from the prosecution records - Therefore, offences punishable u/ss 294(b), 341 IPC are not..........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - If abuse of process is noticed after disposal of case or if a modification is found essential to meet the ends of justice, Supreme Court would be justified in entertaining an application in a disposed of case and exercising its inherent powers...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........